Depends on the facts. Since 1980 by law and prior to this by cases, 'all computer programs,' fixed in any form by any method, performing any function for any purpose, are entitled to copyright protection. See the Computer Copyright Act of 1980. Patents on the other hand, protect the process, functional design and concept behind an expressed idea. Thus a patent may afford different styles of protection for software that qualifies for the complexities of patent protection.
Patents are also slow to register and copyrights take a relatively short time to secure.
This is the best, fastest and least expensive way to protect your ideas. Back to the Self-Help Law Library page.