The main difference between patent and copyright is that patents protect inventions such as new machinery, processes, chemicals, and designs of manufactured objects, while copyright protects original creations such as musical compositions, poetry, art, films, computer software, and website content.
Patent and copyright are two types of rights for intellectual property. Although they seem to be similar at first glance, there are many differences between them.
Key Areas Covered
1. What is Patent
– Definition, Features
2. What is Copyright
– Definition, Features
3. What is the Difference Between Patent and Copyright
– Comparison of Key Differences
Key Terms
Copyright, Intellectual Property, Patent
What is a Patent
A patent is a legal right granted to an inventor by the government, allowing the inventor the sole right to make, use or sell his or her invention. Patents protect new inventions such as machinery, processes or chemicals. The main use of a patent is giving their holders the right to challenge the use of the invention by another party.
However, the inventor has to register for patent for his or her invention. If you invent something but fail to register it, another person who independently discovers your invention can obtain a patent for it. Nevertheless, the patents only last for a certain period; in the US, patents expire after a period of 20 years; at this point, the patent holder has to re-register the invention.
There are three types of patens as utility patents, design patents, and plant patents. Utility patents are the commonest type, and they are usually granted for new machinery, processes or chemicals. Moreover, design patents help to protect the unique design or appearance of manufactured objects. Plant patents, as their name suggests, are for the invention of new plant varieties. Besides, to register for a patent for an invention, it must have three general requirements: novelty, usefulness, and ingenuity.
What is a Copyright
Copyright is a legal term that refers to the rights creators have over their literary and artistic work. In basic terms, copyright refers to the right to copy or reproduce – the only ones with the exclusive right to reproduce the work are the creators of the product and anyone they give authorization to. Examples of some unique work that you have to protect with copyright include art, poetry, novels, films, website content, computer software, musical compositions, etc. Basically, when someone creates a tangible “original” product that requires great mental activity to produce, this product becomes an intellectual property, which must be protected from unauthorized reproduction.
Unlike a patent, copyright does not need typically need a registration process. Copyright occurs automatically. Moreover, copyright usually lasts throughout the creator’s lifetime. In the US, copyright laws protect the work of creators until 70 years after their death. In Canada, copyright lasts for 50 years after the death of the creator.
Difference Between Patent and Copyright
Definition
A patent is a legal right granted to an inventor by the government, allowing the inventor the sole right to make, use or sell his or her invention. In contrast, copyright is a legal term that refers to the rights creators have over their literary and artistic work.
Nature of Product
Patents protect inventions such as new machinery, processes, chemicals, and designs of manufactured objects, while copyright protects original creations such as musical compositions, poetry, art, films, computer software, and website content.
Requirements
In order for an invention to be protected by a patent, it must be new, useful and non-obvious. Copyright, on the other hand, protect original and creative work.
Registration
Inventors must go through a registration process to obtain a patent for their invention; however, copyright does not require registration.
Terms of Protection
A patent provides protection for 20 years, and registration must be renewed. In contrast, copyright provides protection for a long time after the creator’s death (in the US, 70 years after death).
Conclusion
The main difference between patent and copyright is that patents protect inventions such as new machinery, processes, chemicals, and designs of manufactured objects, while copyright protects original creations such as musical compositions, poetry, art, films, computer software, and website content. Basically, both these provide rights for intellectual property.
Image Courtesy:
1. “US Patent cover” By USPTO – United States Patent Office (Public Domain) via Commons Wikimedia
2. “Copyright- all rights reserved” By MikeBlogs – (Public Domain) via Commons Wikimedia
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