Patents, trademarks and copyrights come from the same fundamental idea and commercial necessity. These are different types of intellectual property that help in protection of property rights of persons or companies. However, these three have some significant differences.
The primary difference is that the type of rights provided by patents is for a tangible or conceptual invention, while that given by a copyright is for an original document, or image created by the author. In case of trademarks, there is no requirement for something original or innovative and they can just be a word or even a logo that separates a product or firm from others.
Secondly, patents are the most effective forms of IPR, particularly because they are guided by strict liability principles. This means that even if the infringer has no real knowledge of the infringement, he will be held responsible for the same. Thus patents provide greater protection against infringement, while copyright and trademarks offer for fair use and other exceptions.
A patent is usually valid for only twenty years and then it switches from exclusive ownership of the patent owner, and the public is free to use that invention from that point. However, copyrights are normally valid for a longer period, for about 60-70 years from development and trademarks carry on for even longer periods. Further, patents can protect your invention or process in a very stringent manner. This means that while copyrights safeguard only the expression of a particular idea, patents cover the techniques as well as the fundamental principles behind a creation.
Finally, since these three kinds of IPR offer different levels of protection for different things, the processes for filing an application for them are also significantly different from each other. For example, while a patent application demands comprehensive information on the invention to be disclosed, copyright just needs a copy of the original creation and trademark requires a database check for already existing marks that are currently in use.
The primary difference is that the type of rights provided by patents is for a tangible or conceptual invention, while that given by a copyright is for an original document, or image created by the author. In case of trademarks, there is no requirement for something original or innovative and they can just be a word or even a logo that separates a product or firm from others.
Secondly, patents are the most effective forms of IPR, particularly because they are guided by strict liability principles. This means that even if the infringer has no real knowledge of the infringement, he will be held responsible for the same. Thus patents provide greater protection against infringement, while copyright and trademarks offer for fair use and other exceptions.
A patent is usually valid for only twenty years and then it switches from exclusive ownership of the patent owner, and the public is free to use that invention from that point. However, copyrights are normally valid for a longer period, for about 60-70 years from development and trademarks carry on for even longer periods. Further, patents can protect your invention or process in a very stringent manner. This means that while copyrights safeguard only the expression of a particular idea, patents cover the techniques as well as the fundamental principles behind a creation.
Finally, since these three kinds of IPR offer different levels of protection for different things, the processes for filing an application for them are also significantly different from each other. For example, while a patent application demands comprehensive information on the invention to be disclosed, copyright just needs a copy of the original creation and trademark requires a database check for already existing marks that are currently in use.
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