The key problem is to make clear the meaning difference between software copyright and patent right: after the software work is completed, copyright will be generated according to law regardless of whether the computer software copyright is registered or not. In order to obtain clear evidence and prevent future disputes, you can apply for software copyright registration. Only after the application can the patent right be granted.
Computer programs have the nature of works, and their code expressions are protected by copyright law. Copyright does not protect the idea itself, only the form.
Application for a patent for invention:
1, an application for a patent for invention relating to automatic technical processing;
2. An application for a patent for invention involving the improvement of the internal operation performance of a computer;
3. An application for a patent for invention involving measurement or computer program testing. These schemes are combined with related products, equipment, computers or measuring devices to form a complete technical scheme, which can be patented. Computer programs should be independently completed and original. As long as it is an original work, whether it is similar to a published work or not, it can obtain independent copyright. The patent right is only granted to the first applicant, which requires novelty and creativity.
A software system can apply for a patent only after applying for software copyright. Although the software copyright was applied first, the technical core, conception and model of the software system were not disclosed. If you apply for a patent, the application for software copyright will not lose its novelty, because there is no novelty, only originality.