Difference Between Patent and Copyright and Trademark
Introduction
Three types of intellectual property are essential to any business or any individual. That is the Difference Between Patent and Copyright and Trademark. They help to protect in their own ways so no one can use the brand, things, or any other thing and sell the things without the owner’s permission.
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What is a patent?
Patents are a unique way of protecting inventions, machines, and any creative idea by preventing the owner from using and selling his inventions without his permission. Patents are also used for machines and software. When someone has new unique creations, creative ideas, and innovations then the government gives them the option to issue a patent so that no one can misuse it. After getting the patent certification, the inventor gets the legal right to sell or use their creation. There are many types of patents:
- Utility patents
- Design patents
- Plant patents
- Software patents
- Biotechnology patents
- Provisional patents
- European patents
- International patents
What is a Trademark?
A trademark is a special type of word, logo, image, design, slogan, or phrase that helps to differentiate the products and services of one brand from another and identify the source and origin of the products and services.
What is a Copyright?
Copyright is a type of law or certificate that protects things like books, songs, pieces of art, etc. It ensures that any other third party cannot use the things without the owner’s permission. It provides legal rights to the owner that only he can use or sell their things. If anybody can use copyrighted things without the owner’s permission then he can sue them.
Difference Between Patent and Copyright and Trademark
| Patent | Copyright | Trademark | |
| Meaning | Invention of a new unique product that could not have existed earlier. | A unique creation of music, art, writing a book. | Branding of a company’s product and services. |
| Protection | It protects new unique creations and innovations of any individual. | It protects the authorship of creative works. | It protects the products, legal rights, logo, and slogan of a brand. |
| Duration | Further Twenty years from the date of application. | It can depend upon the author’s life and a particular time after that. | 10 years |
| Requirements | It should be innovative and non-obvious. | Original and Creative | Unique and distinctive. |
| Granted rights | The right to prevent others from selling, making, or using the patented creation. | It provides the right to control and prevent the production, creation, distribution, and public performance of copyrighted works. | It provides legal rights to take action against those who can use similar trademarks for similar goods and services. |
| Examples | Hybrid engine, design of iPhone | Lyrics of any song, book, and novel. | Coca-Cola bottles and logo |
Importance of Patent and Copyright and Trademark
Patent:
- It is a unique way to protect a new invention.
- Registering the patent is necessary for new creative ideas so no one can misuse it.
- Inventors can sell their ideas to someone else and make a profit with it.
Copyright:
- It protects the things that can be copied by anyone like books, music, art, etc.
- The creator can automatically get the copyright. When he makes something like that.
- If you have the copyright of your work. Then no other person can use your copyrighted work without your permission.
Trademark:
- It protects the brand including brand identity, logo, products, and services.
- It provides legal rights to the owner to use their trademark.
- It helps the customer to buy high-quality products.
Benefits of Patent and Copyright and Trademark
Patent: New inventions take more time for the inventor to develop creative ideas and are also quite expensive. Therefore, they require more security so that no one can steal them or misuse them. It is necessary to get a patent for your inventions and innovations. Patents give you the legal rights and protection to use your inventions or sell them to someone else.
Copyright: Copyright is a type of document or certificate. That protects your creations. So that no other person can misuse it or use it without your permission. If you write a book or create a piece of music or art, make sure you get its copyright so that no one can steal it from you and copy it.
Trademark: A trademark provides legal rights to the brand owner and protects the brand from infringement. This ensures that no other 3rd in the market can use the same TM for similar products.
Apply for Patent and Copyright and Trademark
Patent:
- First, make sure your idea is new and creative.
- Next, search and make sure your idea does not already exist.
- Then, prepare the application letter along with the required documents for a patent and submit it to the United States Patent and Trademark Office without any mistakes.
- After submitting the file, pay the required application fee and wait for a response or reply from the USPTO.
- If their response is positive then you will get your patent.
Copyright:
- Firstly, create a fresh thing. Like music, some art, write a book.
- After that, make sure. That it gets copyrighted.
- Next, apply for a copyright document from USCO.
- Then pay the required fee and wait for your copyright document.
Trademark:
- First, choose a logo or image for your brand, products, and services.
- Then do a trademark search, find a suitable class for the brand, and make sure your chosen mark does not resemble an already existing trademark.
- Next, apply to the relevant registry office and pay the application fee.
- Then, wait for the registrar’s office’s response to approve or reject your application.
- If your TM application is approved by the Registrar, you will accept your TM Certificate.
Contact for Trademark registration at +91 9314321001
Conclusion
Difference Between Patent and Copyright and Trademark are valuable intellectual rights. These rights protect the efforts of the owner who created them. Trademarks help protect brands and all their related products and services. Patents protect new creative ideas. Innovations and copyrights protect things so that no one can use them without the owner’s permission.
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