According to you, if only software, such as programs, is not protected by the patent law, you can't apply for a patent. The technical problems can be solved from the software device or the technical scheme adopted by the software. Personally, I think it belongs to the latter and belongs to the invention patent application. Application documents to be submitted: description, abstract and drawings of the invention patent request (if necessary).
Legal objectivity:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.