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 invention patent: 1. Automatic technology processing related invention patent applications; 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.
References:
China National Intellectual Property Administration