1. The protected objects are different. Software copyright protects the software independently developed by developers and fixed on tangible objects, while the objects of patent protection are inventions, utility models and designs.

2. Under different circumstances, the software copyright is automatically generated when the software is completed, and the patent right can only be obtained after legal application.

legal ground

According to Article 2 of Copyright Law of People's Republic of China (PRC), which came into effect in June, 20021.

The term "computer software" as mentioned in these Regulations refers to computer programs and related documents.

Article 4

Software protected by these regulations must be independently developed by developers and fixed on some tangible object.

Article 5

China citizens, legal persons or other organizations shall enjoy copyright in the software developed by them in accordance with these regulations, whether published or not.

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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

Article 22

Inventions and utility models granted patent rights should be novel, creative and practical.