The difference between software and patent

Legal analysis: Software works are copyrighted, the copyrighted contents are not copied, and the patent protection methods are not stolen. Copyright can only be protected after the work is completed, and patents can only be protected after the application is reviewed. Software is protected by copyright, but only creative, novel and practical software technologies can apply for patents. Software copyright recognized by high-tech enterprises and related government projects can be handled urgently. Compared with the long periodicity of patents, copyright has certain advantages in this respect.

Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC).

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.