In today's world, intellectual property rights (IPR) play a significant role in protecting ideas, innovations, and creations. Whether an entrepreneur, artist or inventor, it is important to know the difference between patent, copyright, and trademark to protect your work. All three come under the intellectual property banner but serve different purposes and provide different types of protection. This will outline the differences among patents, copyrights, and trademarks and explain when and how you might use each.
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What is a Patent?
A patent is the exclusive right given by law to an inventor or assignee, whereby it can be used to make, use, sell or distribute an invention for a specific period, normally 20 years from the date of the application. Patent protection is extended to new inventions or processes which provide a novel solution to a technical problem. Three basic requirements must be satisfied before a patent is issued
non-obviousness,
utility.
Types of Patents
There are three kinds of patents:
Utility Patents: These are the most common. Utility patents protect new and useful inventions or discoveries, including machines, chemicals or software processes.
Design Patents: These protect an ornamental design of a functional article, like a novel shape, pattern or surface decoration.
Plant Patents: These are for new varieties of asexually reproduced plants. Examples are new kinds of roses or fruits.
Also Read- Patent Lawyer
What is Copyright?
Copyright protects the expression of an idea, not the idea itself. Original works of authorship include books, music, paintings, films, software code, and more. Copyright protection starts automatically as soon as the work is created and fixed in a tangible medium (e.g., written down, recorded or saved in a digital format).
Copyright Eligibility
To be copyrighted, a work must meet two key criteria
Originality: The work must be the original work of the creator.
Fixation: The work must be fixed in any tangible form such as a manuscript, recording or painting.
Unlike patents, copyrights do not need registration for their existence. However, one may have a right to file an infringement action in federal court after the copyright is registered with the government office concerned.
What is a Trademark?
A trademark is a symbol, word, phrase, logo, design or any combination of these identifying and distinguishing the source of goods or services. Trademarks help consumers recognize the origin of a product or service and distinguish it from others in the market. A trademark can be a brand name, a logo, a tagline or even a colour scheme (e.g., Tiffany blue or Coca-Cola red).
Read to learn more about the Registrar of Trademarks.
Key Differences Between Patent, Copyright, and Trademark
Now that we have defined what patents copyright and trademark are, let's compare them side by side. Below are the key differences, broken down into easy-to-understand points:
1. Purpose
Patent: Protects new inventions, designs or processes that offer a unique solution to a problem.
Copyright: Protects the expression of ideas in original works like literature, music, films and software.
Trademark: Symbols, names, logos and other identifiers distinguishing goods or services in commerce.
2. What is Protected?
Patent: Inventions, processes or ornamental designs.
Copyright: Original works of authorship, books, songs, movies, art.
Trademark: Brand identifiers, names, logos, slogans.
3. Term of Protection
Patent: Usually 20 years from the date of filing for utility patents; 14 years for design patents.
Copyright: Lifetime of the creator plus 70 years (for individual works). 95 years from publication or 120 years from creation for works made for hire.
Trademark: Indefinite, as long as the trademark is actively used and properly maintained (renewed every 10 years).
4. Requirements for Protection
Patent: The invention must be novel, non-obvious and useful.
Copyright: The work must be original and fixed in a tangible medium (e.g., written down, recorded).
Trademark: The mark must be unique and placed in commerce to designate the origin of goods or services.
5. Registration Requirement
Patent: The patent should be registered at the appropriate patent office.
Copyright: Once work is created, copyright protection is automatically accorded; however registration does offer extra legal remedies.
Trademark: Registration is very much recommended to derive full legal protection, even common law rights can be used sometimes where it has not been registered.
6. Geographic Scope
Patent: The protection is territorial and therefore only valid in the country where it's granted. Separate filings are required for international protection.
Copyright: Copyright protection is also territorial but international treaties, such as the Berne Convention, make the work more easily recognized in a number of countries.
Trademark: Trademarks are territorial but can be registered under international treaties, such as the Madrid Protocol.
7. Example
Patent: A new type of battery technology.
Copyright: A best-selling novel or a popular song.
Trademark: The "Nike" logo or the slogan "Just Do It."
Learn what are the punishments for copyright infringement
Patent vs Copyright vs Trademark: Key Highlights
Now that we understand the basics of patents, copyrights, and trademarks, here are the highlights of their key differences. This quick breakdown will help you clearly navigate the distinctions in the ongoing copyright vs patent vs trademark comparison.
Basis of Difference | Patent | Copyright | Trademark |
Definition | Legal right granted for a new invention, product or process. | Legal protection for original works of authorship like books, music and art. | Legal protection for brand identifiers like names, logos and slogans. |
Purpose | To protect inventions and prevent others from making, using or selling them without permission. | To protect creative and artistic works from unauthorized reproduction or use. | To distinguish goods or services from those of competitors. |
Scope of Protection | Functional and technical aspects of products or processes. | Literary, artistic, and creative expressions. | Brand identity elements used in commerce. |
Duration | Usually 20 years from the filing date (subject to renewal fees). | Lifetime of the author plus 60 years (in most jurisdictions). | Can last indefinitely if renewed periodically and in use. |
Governing Law (India) | |||
Example | A new type of engine or pharmaceutical formula. | A novel, film or music album. | The Nike "swoosh" logo or Coca-Cola’s brand name. |
Read about CSR Law in India.
When to Use Each Type of Protection
Knowing when to use each form of protection will help you safeguard your work effectively and understand the differences in the ongoing copyright vs patent vs trademark debate.
Patent: Use a patent if you have invented something new, say a machine, process for software or a chemical formula. Patents are essential in safeguarding technological innovations and inventions that solve particular problems.
Copyright: Copyright protection is ideal for creative works like literature, music, films and software code. If you’re a writer, artist or musician, copyright is your go-to form of protection to prevent unauthorized reproduction or distribution of your work.
Trademark: A trademark is something one needs to obtain if he is developing or operating a brand. It helps safeguard the names of a brand, logos and slogans that distinguish your business or product from others in the market. If you are establishing a brand identity, it would be helpful to trademark your logo and name to stop others from using similar marks.
Learn about the procedures of Patent Registration.
Summing Up
To sum up, patents, copyrights, and trademarks all protect intellectual property in their own ways. A patent protects new ideas and inventions, copyright protects creative works, and a trademark protects brand identity by putting a symbol on goods or services that are sold. For smart choices about how to safeguard your intellectual property, you need to know the difference between patent copyright and trademark. This information helps inventors, artists, and business owners by explaining the differences between copyright, patent, and trademark as well as the specifics of copyright, trademark, and patent. Creators can make sure they keep control of their ideas and creations by learning how to get each type of protection and the steps involved.
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Patent vs Copyright vs Trademark: FAQs
Q1. What is a patent?
A patent grants exclusive rights to an inventor for a new invention or process.
Q2. What does copyright protect?
Copyright protects original works of authorship, like books, music, and films.
Q3. What is a trademark?
A trademark protects brand identifiers like names, logos, and slogans.
Q4. How long is a patent good for?
The patent lasts for up to 20 years from the filing date.
Q5. How long does copyright last?
Copyright lasts for the creator's lifetime plus 70 years.
Q6. How long is a trademark good for?
Trademarks can last forever if in commerce and renewed regularly.
