Can software copyright and patent be applied at the same time?

Legal analysis: According to the provisions of China's Copyright Law, copyright and patent are different rights, so copyright and patent can be applied at the same time, but they need to be applied to different departments.

Legal basis: Article 2 of the Copyright Law of People's Republic of China (PRC), works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.

Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.

The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.

Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.