Intellectual Property, or IP, refers to something creative or related to the mind: inventions, artistic works, designs, symbols, names, images, and likenesses used in commercial, industrial, or other matters. IP is an important area of law that gives creators the right and exclusivity in their creations. It fosters the protection of creative ideas and the economic benefits reaped from those concepts. The two key areas of IP laws that are pertinent to this are – Patent Law and Copyright Law. But what is difference between patent law vs. copyright law? Let us find out –
Patent Law protects novel, non-obvious, and useful inventions or discoveries and allows inventors to exclusively exploit their creations, for instance, technological advancements, for a certain time period (usually 20 years).
Copyright law, while protecting the original works of authorship, grants the exclusive rights to reproduce, distribute, and perform it to a creator for at least the life of the author plus an additional 50 to 70 years.
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What is Patent Law?
Patent Law confers legal rights on inventors of new, non-obvious, and useful inventions. Patent gives the owner exclusive rights so that others cannot make, use, sell, or distribute the patented invention without permission. That protection promotes technological innovation by allowing inventors to reap commercially from their inventions. Patents are usually issued for new inventions or technological findings that provide new solutions or improvements in various fields, such as pharmaceuticals, electronics, manufacturing, and more.
Patents advance industrial growth by stimulating creators to make their inventions public for exclusive rights, where others can learn from them, work on them, and further innovate.
Kinds of Patents
There are several kinds of patents, one for each kind of innovation:
Utility Patents: The most usual type of patents are utility patents. These protect new inventions or discoveries that provide a functional feature or technological improvement. Examples include mechanical devices, electronic systems, and software algorithms.
Design Patents: Design patents protect a particular type of appearance of a product. They protect the ornamental features of a product in terms of its shape, configuration, or simply surface ornamentation, while such features are new and without obvious dictates of a function of an article. For instance, designs for mobile phones or body of cars can be entitled to a design patent.
Plant Patents: These patents are given to those persons who have developed or discovered a new variety of plants that can reproduce asexually, that is by methods like grafting, cloning instead of seeds. This protection encourages advances in agriculture and horticulture.
Also, Know What are the Types of Intellectual Property
Conditions for Patentability
A patent grant holds good only for that invention which meets the following criteria:
Novelty: The novelty requires that the invention has never been disclosed or known to anyone before either through prior patents, publications, or public use.
Non-obviousness: The invention should not be a conscious improvement or an obvious modification of a previous invention for a person skilled in the field. It should present an inventive step that is beyond the prior art.
Utility or Industrial Applicability: The invention must be useful and capable of being applied in some practical way, particularly in an industrial context. It must perform a functional purpose, for example improve a process, device, or product.
Duration of Protection
Utility Patents: Most utility patents are good for 20 years from the patent application fill date. Once that time has passed, the patent expires and goes into the public domain so no one would be hindered from using it.
Design Patents: In many places like the U.S., design patents are good for 15 years from the date of grant while in other places, like India, they are good for 10 years.
Plant Patents: Plant patents also expire after 20 years from the date of filing, like utility patents.
What is Copyright Law?
Copyright Law is the law that provides statutory protection to those creators of original works of authorship, such as literary, artistic, musical, dramatic works. Copyright gives the copyright holder the right to reproduce, distribute, perform, display, and create derivative works based on the original creation. This ensures that the individual has control over how his work is utilized; he cannot allow others unauthorized access to exploit his rights. Copyright protects the tangible expressions of ideas-words and the sounds, music compositions, or paintings, rather than ideas themselves.
Copyright protects creative works with the aim of promoting creativity by protecting them for some time. In other words, it is protection granted to the copyright owner to ensure that right over a work for an area of time. It inspires creativity with respect to new and valuable works once invested with considerable time and resources.
Types of Works Protected by Copyright
Copyright Law protects a wide variation of original works of authorship, such as:
Literary Works: books, articles, essays, poetry, among others, which are written compositions.
Artistic Works: paintings, sculptures, drawings, and architectural designs
Musical Works: compositions, songs, or musical scores
Dramatic Works: plays, scripts, choreographic works, and other performance-based works.
Software: computer programs or software code constitutes a literary work under copyright law
Films and Motion Pictures: Cinematic works, in addition to movies, documentaries, and television shows.
Sound Recordings: Recorded music, spoken word recordings, and other audio formats.
Other Creative Works: Maps, architectural plans, and certain digital content.
Protection is given to the form of expression rather than the ideas or concepts themselves.
Terms for Copyright Protection
Copyright protection can be applied to a work if it meets the following terms
Originality: The work should be original, meaning it is a creation of the author and not copied from someone else. It must reflect the author's personal expression of an idea or concept.
Fixed in a Tangible Medium of Expression: The work should be fixed in a tangible medium, that is, a way which can be perceived, reproduced or communicated. For instance, it can be written on paper, recorded digitally, or painted on a canvas.
Duration of Protection
Copyright protection is temporal and lasts for a certain period. Jurisdiction dictates such period.
Life of Author + 50 to 70 years: In most countries, copyright protection lasts for the lifetime of an author plus an additional period (50 years in some and 70 years elsewhere).
When the copyright terminates, the work falls into the public domain-it may be used without permission by anyone.
Patent Law vs Copyright Law
Here's a table listing key differences between Patent Law and Copyright Law:
Know the Key Differences between Copyright & Patent
Practical Examples on Patent Law vs. Copyright Law
Patent Law Example: Apple’s iPhone Patent
Apple’s iPhone patent serves as a prime example of how patent law protects technological innovations. Apple has patented several key aspects of its iPhone, including its user interface design, the multitouch screen technology, and hardware features like the device's unique shape.
Through its extensive patent portfolio, Apple ensures that competitors cannot replicate its innovations, such as the distinctive iPhone shape or the gesture-based control system.
Apple’s patents allow it to maintain its competitive advantage in the smartphone market, enabling the company to prevent rivals from using patented technologies without authorization. Apple has also engaged in high-profile legal battles, such as its lawsuit against Samsung, for allegedly infringing on iPhone patents, which resulted in significant damages and agreements to cease using certain technologies.
Copyright Law Example: J.K. Rowling’s Harry Potter Series
J.K. Rowling’s Harry Potter series is a landmark example of copyright protection for literary works. The copyright on these books ensures that Rowling retains exclusive rights to her written content, preventing unauthorized reproduction or adaptation of her works.
Beyond the novels, copyright law has also protected related adaptations such as the films, theme parks, merchandise, and video games. This has allowed Rowling to capitalize on the global success of her works and maintain control over how her intellectual property is used in various media.
Copyright protection has enabled Rowling and her publishers to pursue legal action against unauthorized publishers, online pirated versions, and counterfeit merchandise, protecting both the integrity of the books and their commercial value.
Also, Get to Know Copyright Law In India
Overlap Between Patent and Copyright: Example of a Software Program
A software program may benefit from both patent and copyright protection. For instance, the innovative algorithm or functional aspects of the software, like a unique encryption method, can be patented under Patent Law for its technological invention.
Meanwhile, the source code and user interface (UI) design of the software are protected under Copyright Law, as they represent original creative expression.
Example: Microsoft's Windows operating system is protected by patents covering its functionalities and processes, while its source code and UI design are protected by copyright, ensuring comprehensive protection of both the innovative and creative elements of the software.
Also, Get to Know What is the Copyright Time Period in India
Summing Up!
Patent and copyright law occupy two different roles but are equally relevant in the protection of property rights. Patent Law protects inventions and technological innovation by conferring exclusive rights on inventors over an acknowledged period of time. Copyright Law, on the other hand protects creative expressions in any fixed form such as literary works, music and art whose owners have the right to reproduce, distribute, and adapt them.
Both of these areas of law promote innovation and creativity, but they are spread in different realms—patents beget industrial and technological development, whereas copyrights foster creative and artistic activities. What is important here is to know the distinctions between the two and their corresponding legal protections for creators and innovators to protect and maximize their intellectual property work.
FAQs related to Patents Law vs Copyright Law
Q1. What is the primary difference between a patent and a copyright?
A patent guards new inventions or technological innovations such as a new process, product, or design. It guards the rights of a creative work of authorship, like books, music, and art, by granting exclusive rights to the creator to reproduce, distribute, and adapt the work.
Q2. Can software be patented or copyrighted?
Patent and Copyright Protection Yes, software can be both patented and copyrighted. The functional aspects of the software—which may involve novel algorithms or processes-are protected by patent law. The source code and the user interface (UI) are protected under copyright law as original works of authorship.
Q3. What is the term of patent protection?
A patent usually has protection for 20 years from the filing date. As soon as this elapses, the patented invention becomes public, and others can use it without asking permission.
Q4. Can I protect an idea under copyright or patent law?
No. Under neither patent nor copyright law are ideas themselves capable of protection. Protection is given to the tangible expressions of ideas—in the book, the written work itself; in the patent, the functional invention itself—and not to the idea or concept itself.
Q5. How can a patent or copyright be obtained?
The application process of patents is therefore a very detailed submission of an application to the Patent Office, which includes the description of the invention, the claims, and the supporting documents. In contrast to patents, copyrights are automatically granted once an original work that fixes in a tangible medium has been created. For instance, the moment one starts writing a book or recording a song, the copyright has already been granted. Nonetheless, the registration can help serve as proof of ownership with the relevant authority.
