What's the difference between software patent and software copyright?

What's the difference between software patent and software copyright? For this question, the first thing you need to know is what is a software patent and what is a software copyright? What's the difference between software patent and software copyright? What is a software patent? Software patent refers to a way to protect the design idea of software by applying for a patent, rather than protecting the software itself. What is software copyright? Computer software copyright refers to all kinds of exclusive rights enjoyed by software developers or other rights holders in accordance with 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. What's the difference between software patent and software copyright? First, they have different legal bases. 1, the software copyright protection is based on the Copyright Law and the Regulations on the Protection of Computer Software. 2. The patent protection of software is based on the patent law. For specific examination criteria, please refer to Chapter 9, Part II of China National Intellectual Property Administration Patent Examination Guide, "Several Issues Concerning the Examination of Patent Applications for Computer Program Invention". Second, the protection principle is different. 1. Software copyright is automatically generated after the completion of software creation, and is also registered voluntarily. The purpose of registration is to reflect the effectiveness of notarization, mainly to declare the ownership of copyright, and also to strengthen the evidence for subsequent rights protection. 2. Software patents must apply to the Patent Office for protection, so they must be actively applied. The patent system is based on the principle of openness in exchange for protection. Third, the application pass rate is different 1. Software copyright registration generally does not require substantive examination. As long as the materials submitted during the formal examination meet the requirements and do not violate the provisions of the copyright law, the rights can be obtained, and the registration rate is extremely high. 2. Software patents need formal examination and actual examination. Formal examination is mainly to examine whether the patented materials meet the application requirements. After the formal examination is passed, it will be made public, and then it will enter the substantive examination to examine whether the patent meets the requirements of the patent law, which must meet many requirements such as novelty, creativity and practicality. Generally, pure software patents are not easy to obtain rights, and the authorization rate will be improved through the combination of software and hardware. Fourth, the protection period and maintenance cost are different. 1, the relevant copyright protection period of citizen's works is 50 years after the author's death; For the works of legal persons and other organizations, the relevant copyright protection period stipulated by law is 50 years. In terms of cost, only the initial application fee will be paid, and no maintenance fee will be charged in the future. Generally speaking, software patents can only be applied for invention patents, and the protection period is 20 years from the date of application. The invention patent needs to pay an annual fee every year, and failure to pay after the expiration is regarded as giving up the patent right. 5. Advantages and disadvantages are different 1. Software copyright can be protected without publicity, and creators can quickly obtain copyright protection. General registration is generally authorized in about 4 months, and the application for software copyright can be authorized within one working day at the earliest. It allows copyright owners to quickly seize the market and obtain corresponding government funding. 2. Software patents must be protected by publicity, and the application time for invention patents is 1~2 years, which generally cannot be expedited. The progress of software is relatively fast, and it is possible to miss the software market in the process of application. Patents protect design ideas and schemes, so they are more protective, and patents can also put forward some patents that cannot be realized now. When technology is developed, patents can be realized, and then benefits can be obtained through licensing. This is how many large companies get their patent reserves.