Is software a patent?

Legal analysis: 1. Software copyright belongs to the category of copyright and is protected by copyright law, not a kind of patent and not protected by patent law;

2. Both of them belong to the concept of intellectual property, but they are of different types. The software copyright registration certificate is obtained through the examination of software certification materials by the national accreditation body "Copyright Protection Center", and patents are inventions protected by legal norms. An invention that submits a patent application to the national examination and approval authority "Patent Office" and, after passing the examination according to law, grants the patent applicant the exclusive right to invent within a specified time;

3. Computer software copyright refers to the exclusive right of software developers or other rights holders to software works in accordance with the provisions of the relevant copyright law; As far as the nature of rights is concerned, it belongs to a kind of civil rights and has the same characteristics as civil rights.

Legal basis: Article 10 of the Copyright Law of People's Republic of China (PRC) includes personal rights and property rights.