Is software copyright a kind of patent?

Legal analysis: Software copyright is a kind of intellectual property, but it is not a patent right. Intellectual property rights include: patent right (invention patent, utility model patent and design patent), trademark right, copyright and other intellectual property rights (new plant variety right, integrated circuit layout design right and computer software copyright).

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.

(People's Republic of China (PRC) Patent Law 202 1 June 1 day came into effect)