At present, there are three ways to protect computer software in China: copyright, trade secret and patent. How to protect computer software and what are the differences between these methods are the problems that a software enterprise must first solve, that is, it is actually a problem of computer software protection strategy.

The protection of computer software should be based on copyright protection, supplemented by trade secret protection and supplemented by patent protection. 

1、On the copyright protection of computer software

The copyright protection conditions of computer software are relatively loose. When the software works are completed, the author automatically obtains the copyright without registration. The registration of computer software copyright is only the preliminary evidence that the software belongs to the registrant. But the degree of software copyright protection is relatively low. Copyright does not protect the idea, but protects the specific expression. For example, a program design scheme can be realized in many specific ways, and other specific expression methods are used to realize the program design scheme. It does not constitute infringement of copyright, that is, copyright can not protect the upper design idea of computer software, and copyright can protect the specific realization of the bottom layer of software Mode -- program code. The term of software copyright protection is limited, 50 years from the date of software development.

2、On the protection of commercial secrets of computer software

The protection conditions of business secrets of computer software are more strict. It is necessary to meet three conditions to identify a computer software as a trade secret of an enterprise, that is, the software is technical information with confidentiality, practicability and confidentiality. The degree of software trade secret protection is slightly higher than that of copyright protection. The program code at the bottom of the software and the design ideas at the upper level are all technical information, which can be protected as trade secrets. But the protection of trade secret is not exclusive. For example, the relevant technical information of a software of an enterprise may be mastered by others through R & D, which does not constitute infringement of trade secrets, and may also damage the trade secret status of the software technical information. There is no limit on the duration of software trade secret protection. As long as the software technical information is not disclosed, it can be continuously protected as trade secret.

3、Patent protection of computer software

The conditions for patent protection of computer software are strict. The invention involving computer software is the object of patent protection only if it constitutes a technical scheme. The patent protection scope of computer software is large, which can protect the technical conception. The patent protection of computer software is exclusive and highly protected. For example, if the relevant technical information of a software of an enterprise has been applied for patent protection and authorized, even if others have mastered the technical information of the software through research and development, they can not be used without permission, otherwise, the patent right will be infringed. The term of software patent protection is also limited. Software patent belongs to invention patent, and the patent period is 20 years from the date of application.

To sum up, the protection of computer software should consider the above protection methods. Copyright protection is the most basic and important, because software copyright is obtained automatically. Enterprises should also take measures to protect software related technical information as trade secrets. If necessary, apply for a patent for a software technical solution that can be applied for a patent, so as to improve the level of protection; however, it is necessary to have a certain degree of assurance and risk awareness, because once the software technical scheme for which a patent is applied is published, it can not be protected as a trade secret, and the patent application may also be rejected.

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