What is the difference between software copyright and patent rights?
1. Law Different Basis
The copyright protection of software is based on the "Copyright Law" and the "Computer Software Protection Regulations".
The patent protection of software is based on the "Patent Law". For specific examination standards, please refer to Chapter 9 of Part 2 of the Patent "Examination Guidelines" of the State Intellectual Property Office "Involving Computer Programs" "Some Issues in Application for Invention Patent".
2. Different application methods
The software copyright code is naturally protected after it is written. It needs to be reviewed and the submitted materials can be obtained if they meet the specifications.
Software patents need to undergo formal review and actual review, and must meet many requirements such as novelty, creativity, and practicality before they can be protected.
3. Different degrees of simplicity
Software copyright is easy to obtain, easy to safeguard, and strong in protection Weak, the benefits generated are usually charging licensing fees.
Software patents are difficult to obtain, complex to enforce, and strong in protection. The benefits generated can not only combat competitors, but also implicitly promote technology research and development within the enterprise.
What are the differences between software copyright and patent rights? If you need more experienced advice or want to find a local lawyer, there are two ways:
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What should you pay attention to when entrusting a lawyer to litigate?
(1) Qualifications must be reviewed
The Lawyers Law stipulates that a lawyer refers to a person who has obtained a lawyer's practicing certificate in accordance with the law and provides legal services to the society. Persons who have not obtained a lawyer's practicing certificate are not allowed to practice in the name of lawyers and are not allowed to seek economic benefits. Engage in litigation agency or defense business. Therefore, when the parties hire a lawyer, they must check the lawyer’s qualifications to see whether they have a lawyer’s practicing certificate.
(2) To understand the institution
A law firm is a lawyer's practice institution. When inviting a lawyer, you must go to the law firm to understand the lawyer's practice institution. Because the Lawyers Law has It is stipulated that if a lawyer practices illegally or causes losses to a client due to his fault, the law firm where he works shall bear the liability for compensation.
(3) An agreement must be signed
(3) An agreement must be signed
p>When hiring a lawyer, you must sign a written agreement that clearly stipulates the rights and obligations of both parties. In particular, don’t be careless about the fees for hiring a lawyer. You must state that you have won the lawsuit and won the lawsuit. How much it will cost if you lose the lawsuit, and how much the first-instance and second-instance fees will be. These must be written clearly in the agreement, and a receipt must be issued when making payment.
(4) Authorization must be clear
Some parties fill out a power of attorney when hiring a lawyer, but do not specify the scope of authorization. It is believed that as long as Pay a lawyer, and everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and are not clear about the outcome of the case. Who knows, due to the legal consequences of unclear authorization, the authorizer must Bear responsibility.
(5) Pay carefully
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