How to apply for a software patent

Software technology can apply for software copyright to protect software source code, and can also apply for invention patent to protect the execution mode of steps in software flow.

Applying for software copyright has the same legal effect.

I. Application Process

1. Upload the electronic application materials and technical contact information to Qone platform: please consult the Ministry of Science and Technology for specific submission;

2. Fill in the software copyright application approval form (download): fill in the form, print it, sign it by the department, and submit it to the Ministry of Science and Technology;

3. After receiving the approval form, the Ministry of Science and Technology will review the application materials and feed back the revised information to the technical contact person;

4. After the application materials are confirmed to meet the requirements, the technical contact person prints a application document and submits it to the Science and Technology Department together with the 300 yuan registration fee;

5. The Ministry of Science and Technology is responsible for stamping the application materials and submitting them to China Copyright Protection Center;

6. After being accepted by China Copyright Protection Center, the approval status of the certificate can be inquired after about 30 working days;

7. The Ministry of Science and Technology will update the application information on Qone platform in time.

Second, the application matters needing attention

(a) the application documents that must be submitted

1, computer software copyright registration application form 1 copy.

2. 1 source program

3. 1 document: design manual, user manual, operation manual, instruction manual, etc.

(2) Select the application documents to be submitted.

If the applicant meets the following conditions, please choose to submit the following documents:

1. Co-developing software (that is, two or more copyright owners)-1 Submit a copy of the contract or agreement, which should stipulate the name and version number of the application software.

2. The high version (above 1.0) software is registered as genuine software or the version number has a special definition-the version description is required to apply for registering the software as genuine software.

3. The software environment involves Linux or Unix-a GPL statement should be submitted.

(3) Instructions for filling in the application form for computer software copyright registration (application form download)

1, full name of software: the full name of software in all application materials should be consistent; If the full name contains a brand, it is necessary to submit the certification documents or corresponding explanations for the legal use of the brand; If the full name contains English words or abbreviations, the corresponding explanation of the English words or abbreviations shall be submitted; The full name of software must be named after "XX software" or "XX system", not "XX software system".

2. Software abbreviation: no abbreviation is required; Short name cannot contain spaces.

3. Version number and description of software works: the version number is generally filled in as V 1.0, and the description of software works is generally filled in as the original version; When applying for the registration of original software above V 1.0, the version description of the original software applied for registration shall be submitted; If the software is an upgraded version, the modification description (within 100 words) should be filled in; if the previous version has been registered, the original registration number should be filled in.

4. Classification number: according to the specific situation, choose one from the computer software classification code table and the national economic industry code table applicable to computer software.

5. Date of completion of development and date of first publication: fill in according to X year, X month and X day; The first release date must be on or after the development completion date.

6. Development method: generally choose independent development; If it is cooperative development, that is, there are more than two copyright owners, a cooperative development agreement or contract shall be submitted.

7. Method of obtaining rights: generally fill in the original acquisition; In case of transfer, the transfer contract or agreement shall be submitted; If the transferred copyright has been registered, the original registration number shall be filled in and the original copyright registration certificate shall be submitted.

8. Hardware environment: refers to computer hardware and special equipment for developing and running registered software.

9. Software environment: refers to the name and version number of the operating system and supporting software for developing and running registered software; If Linux or Unix is involved, a GPL statement shall be submitted; Note: If the software and hardware environment is mentioned in the document, it must be consistent with the application form.

10, programming language: Please do not fill in J2EE or J2ME.

1 1. Number of source programs: refers to the total number of source programs of registered software, filled in with Arabic numerals; Please note that it matches the submitted source program and documents.

12, main functions and technical features: within 400 words.

(4) Description of the source program

1. The source program is submitted according to the first 30 pages and the last 30 pages of the text. Text page 1 must be a start page and page 60 must be an end page. All less than 60 pages should be submitted. No less than 50 lines per page (the ending page can be less than 50 lines), and no blank lines can appear on the page. The page number is marked in the upper right corner of the text. The source program must be added with a header indicating the full name and version number of the software (which must be consistent with the application form).

2. The names of natural persons or scientific research departments cannot appear in the source program.

3. The date appearing in the source program must be before the development completion date.

4. The text of the source program is the fifth.

5. Don't comment on the source program.

(5) Document description

1, design manual, user manual, operation manual, instructions for use, etc.

2. The document does not need a cover, but the type of the document must be clearly written in the title of page 1 of the document body, such as the Microsoft operating system instruction manual. The document cover does not count as a page number. There is no need to add a table of contents to the document.

3. Documents should be submitted according to the first 30 pages and the last 30 pages of the text. Page 1 of the text must be the start page, and page 60 must be the end page. All less than 60 pages should be submitted. No less than 30 lines per page (pages with pictures and footer can be less than 30 lines). The page number is marked in the upper right corner of the text. The document must be added with a header, where the full name and version number of the software are marked (consistent with the application form).

4. The name of natural person or scientific research department cannot appear in the document. If there are pictures, names or logos in the document; Photos of natural persons or scientific research departments cannot appear; If the name of the software is displayed on the picture, it shall be consistent with the full name or abbreviation in the application form.

5. The date in the document should be before the development completion date.

6. The name of the software in the document must be consistent with the full name or abbreviation in the application form.

7. The length of the file should match the number of source programs in the application form.

(6) Print instructions

1, the application materials shall be submitted to the electronic version first, and then printed after approval;

2. The application materials must be printed on one side of A4 paper and shall not be bound;

3. The application form shall be uniformly printed by the science and technology department, and other application materials shall be printed by the applicant.