Both of them belong to the concept of intellectual property, but they are of different types. The software copyright registration certificate is obtained through the examination of the software certification materials by the national accreditation body (copyright protection center), and the patent is an invention protected by law. An invention that submits a patent application to the national examination and approval authority (Patent Office) and, after passing the examination according to law, grants the patent applicant the exclusive right to invent within a specified time.
If the software copyright owner is obtained by transferee, there are two ways to apply for software copyright registration:
Class A-Obtained Computer Software Copyright Registration Certificate. That is, the Application Form for Copyright Registration of Computer Software filled out by the transferee as the applicant.
Class B-Obtaining the Registration Certificate of Computer Software Copyright Contract. That is, the application form for registration of computer software copyright transfer contract and exclusive license contract filled out by the transferor or transferee as the applicant.
The copyright of computer software refers to the exclusive rights of software developers or other rights holders to software works according to the provisions of the relevant copyright law; As far as the nature of right is concerned, it belongs to a kind of civil power and has the same characteristics as civil rights.
Legal basis:
Article 123 of the Civil Code of People's Republic of China (PRC)
Civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.
Article 5 of the Regulations on the Protection of Computer Software
China citizens, legal persons or other organizations shall enjoy copyright in the software developed by them in accordance with these regulations, whether published or not.
Article 2 of the Patent Law of People's Republic of China (PRC)
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.