Legal analysis: not counting. Software copyright belongs to the category of copyright and is protected by the Copyright Law of People's Republic of China (PRC). It is not a patent and is not protected by the Patent Law of People's Republic of China (PRC). 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 the software certification materials by the national accreditation body (copyright protection center), and the patent is an invention 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.
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.