Software copyright and patent are two different forms of intellectual property, and there are many differences. Software copyright is generated after the completion of software creation, and software copyright can also be registered and has the effect of notarization. In other words, you also have the copyright of the software in theory, and you don't need to register. Copyright enables you to take protective measures to prevent others from pirating your software. However, your competitors are often not pirated manufacturers, but also software developers. If they study your software, understand your ideas and rewrite the software according to your ideas, they can completely avoid infringing your copyright. For example, writing in different programming languages can completely avoid your copyright. However, there is no doubt that they stole the most precious thing in the software, that is, the idea of the software. In a word, software copyright can't protect the core thing in software. Software patents are different. First of all, a patent must be applied to the Patent Office before it can be obtained, so it must be actively applied. Secondly, the software application describes the idea of the software (it must be in the form of technical scheme), mainly the content of your software flow chart. The patent does not specify which language to use and what specific sentences to use. After authorization, others adopt the idea, which may constitute infringement. Therefore, the protection of software patents is much stronger than the protection of software copyright. Applying for a software patent itself is not complicated, just find a patent agency to apply. At present, most organizations have application experience. Of course, it is a technical job to form a perfect patent application document, properly express the concept of software, and obtain appropriate protection scope (it is not good to ask for too much protection scope, because there is probably no novelty and creativity). At present, there are not many excellent patent agents who can accomplish this mission well. In addition, when applying for software patents, it should also be noted that the idea of applying for patents cannot be "rules and methods of intellectual activities." Of course, there are some application skills to avoid this problem in many cases.
Legal objectivity:
Article 4 of the Regulations on the Protection of Computer Software The software protected by these Regulations must be independently developed by developers and fixed on some tangible object. Article 6 The protection of software copyright in these Regulations does not include the ideas, processing procedures, operation methods or mathematical concepts used in developing software. Article 14 Software copyright shall be generated from the date of completion of software development. The software copyright protection period of a natural person is the life of the natural person and 50 years after his death, ending at 65438+February 3 1 day in the 50th year after his death; The software was co-developed, up to 65438+February 3 1 50 years after the death of the last natural person. The software copyright protection period of a legal person or other organization is 50 years, ending at12,31in the 50th year after the first publication of the software. However, if the software is not published within 50 years from the date of completion of development, this Ordinance will no longer protect it.