Is software copyright a patent?
Is software copyright a patent? Software copyright and software patent are two concepts, not the same thing. Software patent means that the right holder can protect the design of the software by applying for the patent of the software. The scope of protection of software patents does not include the protection of the software itself. Is software copyright a patent? As a software developer, he actually enjoys certain rights to the computer software he developed, which belongs to the software copyright. According to the law of our country, this is the exclusive right to the software, and the software copyright belongs to the civil right. However, the software copyright is not automatically obtained from the date of completion of development, and it needs to go through the formalities. Software works that have been developed must be registered with the registration authority, and the registered software can effectively protect the legitimate rights and interests of the obligee. For example, when the software copyright is right, we can determine the time of software completion and other important contents according to the information registered for the record. For registered software works, the registration authority will issue announcements regularly to publicize the software products to the society. The value of registered software products will greatly increase when engaging in corresponding software product copyright trade activities. With regard to the registration of software, the computer software that the right holder applies for copyright registration should first be a software product independently developed by the applicant (including cooperative development) or a software product modified by himself, but only with the consent of the original author. All software products can be developed and studied by many people, and all software authors should negotiate to choose one as an agent for registration and filing. If the consultation results of copyright owners cannot reach an agreement, any author may apply for registration and record, and indicate other authors at the same time, provided that the interests of other copyright owners are not harmed. Software copyright and software patent are two concepts, not the same thing. Software patent means that the right holder can protect the design of software according to law by applying for a patent for software. The scope of protection of software patents does not include the protection of the software itself. Software copyright is to safeguard the legitimate rights and interests of the obligee according to China's copyright law and the Regulations on the Protection of Computer Software. Software patent right is to protect the legal rights of the obligee according to the patent law. The legal protection principles of software copyright and software patent are different. Software copyright has been generated when the creation of software products is completed, and the registration of software copyright is also the voluntary registration of software by the right holder. Voluntary registration and filing of software products can better reflect the effectiveness of notarization and is of great help to safeguarding rights in the future. Software patent will only happen if the right holder applies to the patent office, and the application for software patent is implemented in accordance with the principle of online application. The protection of software copyright by software patent right is still relatively strong in law. Because software patent right is a protection mechanism for software products and ideas.