When it comes to protecting intellectual property (IP), two of the most commonly discussed types of intellectual property are copyright and patent. While both offer legal protection for creators, they apply to different types of creations and offer different types of rights. In this article, we’ll explore the fundamental differences between copyright and patent, their legal frameworks, and how each protects creators and their work.

Key Differences Between Copyright and Patent

Here’s a table that gives a simplified brief of the differences between copyright and patent.

Meaning of Copyright

Copyright refers to the legal right provided to an author of original works of authorship. It includes literature, music, films, paintings, and even software. In copyright, only an expression of an idea rather than the idea itself is protected. The author gains the copyrights automatically provided the work is also fixed in a tangible medium of expression such as being written down or recorded. The primary purpose of copyright is to provide creators with control over how their work is being used and to enable them to receive compensation for its use.

Know the What are Rights available to a Copyright Owner

Meaning of Patent 

A patent is a protection of intellectual property given to the originator of a novel, useful, and non-obvious invention. It may be a novel device, process, or method that gives a technological solution to solve a problem. A patent gives the inventor the right of exclusion over the invention to make, use, sell, or offer for sale in exchange for the invention for a certain period, usually 20 years. The patent is acquired based on the requirements that include novelty, utility, and non-obviousness present in the invention.

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Types of Copyright

Copyright law protects original works of authorship, including literary, artistic, and musical works. The copyright protection given to the creator extends exclusive rights in using, distributing, or licensing the work.

1. Literary Works: 

Literary works are written content that includes books, articles, poetry, and other textually created works. This group involves published and unpublished works.

2. Dramatic Works: 

These are dramas and plays, scripts, as well as actions that will be performed. In this regard, protection covers both the written work and any choreography involved.

3. Musical Works: 

These are musical compositions, including songs song lyrics, and musical notations. This includes melody and arrangement, with or without lyrics.

4. Artistic Works: 

These include visual forms of art, such as paintings, drawings, sculptures, photographs, as well as architectural works. These are protected even though they are not commercially published.

5. Sound Recordings: 

This type of protection covers the recorded sounds, including music or speech, or other auditory recording, regardless of whether the underlying compositions are separately copyrighted.

6. Cinematographic Films: 

These include films that combine both visual and sonic elements, like motion pictures and television shows. The copyright covers any artistic content as well as any original cinematographic material.

7. Computer Programs:

These include software and applications, fall under the category of literary works in copyright law. This applies to the code and form of the program.

8. Architectural Works: 

These encompass the designs created for buildings or structures. Copyright law protects the creative and aesthetic aspects of these designs, including floor plans and blueprints.

Types of Patent

A patent confers exclusive rights to an inventor for a specified period. There are several types based on the nature of the invention.

1. Utility Patents

Utility patents are the most common type; that covers new inventions or discoveries with a useful function. These patents safeguard devices, machines, processes, and chemical compositions.

2. Design Patents

Design patents protect the ornamental design of an article, which can be the appearance and aesthetic features of an item. These include its shape, configuration, and surface ornamentations.

3. Plant Patents

Plant patents are awarded to an invention or discovery of new plant varieties reproduced asexually. This includes crops, trees, and other plant species that are grown under cultivation.

4. Provisional Patents Application

This application allows an inventor to obtain an early filing date for his or her invention, thus offering temporary protection to prepare a full patent application.

5. International Patents

International patents are patents granted in more than one country under agreements like the Patent Cooperation Treaty (PCT), allowing an inventor to acquire protection beyond his border boundaries.

6. Biotechnology Patents

Biotechnology patents include inventions related to biological processes, genetic modification and changes, and biotechnological advancement in medicine as well as agriculture.

Copyright Vs. Patent

There are significant differences between copyright and patent about the kind of intellectual property to be protected, eligibility criteria, and the duration of protection. Understanding these distinctions properly would help all creators and innovators to better protect their work.

1. Subject Matter

• Copyright: Copyright covers creative works such as literature, music, art, movies, or computer programs.

• Patent: The patent covers inventions, like a new device, a process, method, or composition of matter.

2. Eligibility

• Copyright: Copyright is automatic on any original works of authorship once they have been fixed in a tangible form, such as being written down or recorded.

• Patent: Patent require a formal application process and the particular invention submitted must be novel, not obvious, and useful.

3. Duration of Protection

• Copyright: Copyright lasts for the life of the author plus 70 years in virtually all countries.

• Patent: Patent protection lasts normally for 20 years from the time applied for, after which the invention goes into the public domain.

4. Rights Reserved

• Copyright: Copyright affords the author specific exclusive rights to reproduce, distribute, perform, display, and prepare derivative works based on the original work.

• Patent: A patent affords the inventor some exclusive rights to make, use, sell, and offer to sell the patented invention.

5. Scope of Protection

• Copyright: Copyright protects the actual expression of ideas and not the ideas themselves

• Patent: Patent protects new inventions or discoveries and provides exclusive rights to the thing invented

6. Formalities

• Copyright is automatic when the work is created and has taken the fixed form, though there is registration available for benefits under the law.

• Patent: The patent awaits a formal application process, search for prior art, and examination before it can be granted.

7. Transfer of Rights

• Copyright: Copyright can be licensed or sold to other parties for purposes of adaptation, performance, or reproduction.

• Patent: Patent can be sold, licensed, or assigned which gives the buyer or licensee the right to make or sell an invention.

8. Nature of Protection

• Copyright: Copyright protects the artistic or literary creation of the author, the written text or the artwork itself.

• Patent: Patent guards functional aspects of an invention, that is, how it works or how it is constructed.

9. Enforcement

• Copyright: Copyright owners are allowed to sue on the grounds of copyright infringement when their work is copied or used without permission.

• Patent: Patentees have an opportunity to sue for infringement if their patented invention is made, used, or sold without permission.

10. Focus on Innovation

• Copyright: Copyright promotes creativity protection and artistic creativity

• Patent: Patent promotes technological innovation as inventions that have a new and useful solution are protected.

Also, Read about What is Section 84 of The Patents Act 1970 on Compulsory Licenses

Summing Up

The difference between copyright and patent is important for any person involved in the creation of intellectual property. While copyright protects the creative expression of ideas, patents offer protection for innovative inventions. Each plays an important role in safeguarding the rights of creators and encouraging the continued growth of creativity and innovation. Whether you’re an artist, writer, inventor, or technologist, it’s essential to know which form of protection applies to your work to ensure your intellectual property is properly defended.

Copyright Vs. Patent FAQs

Q1. What is the main difference between copyright and patent?

Copyright protects creative works, such as literature, music, and art. Patent protects inventions or innovations, especially new products, methods, or technological innovations.

Q2. How long does copyright protection last?

Copyright protection generally lasts for the lifetime of the creator plus 60 years. It varies from country to country.

Q3. How long does a patent last?

A patent generally expires 20 years from the date of filing, after which the invention enters the public domain.

Q4. Can a creative work be patented?

No. Novels, paintings, music, and other creative works are protected by copyrights and not patents.

Q5. Can copyright protection also be claimed by a patent owner?

Yes. A patent protects the functional or technical aspects of an invention, while a copyright can protect the artistic expression or design aspects of that invention.