The term "intellectual property" broadly refers to ideas and concepts that are unique and potentially valuable, such as an invention or a work of fiction, and the determination of who (or which entity) owns these ideas or concepts. If you own intellectual property, it means you have the rights to
manufacture or license an invention, use a certain distinguishing marks on your packaging or commercials, or publish copies of creative works (such as sound recordings or books). Businesses and individuals also may license intellectual property from the owner without owning it. Show
There are three distinct types of intellectual property -- patents, trademarks, and copyrights -- which are often confused with one another. This article focuses on patent law and how it differs from trademarks and copyrights. See FindLaw's Patents section for more detailed information. Definition of a PatentA patent is a property right granted by the U.S. Patent and Trademark Office (USPTO). A patent holder may exclude others from using, making, or selling an invention for a limited time. As long as the applicant pays the applicable maintenance fees, the exclusive right for utility and plant patents lasts for a term of 20 years from the application date. The exclusive rights granted for a design patent lasts for 14 years from the date of the grant. Different Types of PatentsThere are three types of patents: utility, design, and plant.
The Difference Between a Patent and a CopyrightWhile a patent, with the exclusion of a design patent, protects inventions of new processes, copyright protects published and unpublished original works, including works in literature, music, art, architecture, software, and choreography. Like a patent holder, the copyright owner has exclusive rights, including the right to reproduce, make derivatives, distribute copies, display the work in public, or perform the work publicly. In some cases, an applicant can obtain both a copyright and a patent. Overlap, for instance, can occur between a design patent and copyright in circumstances where the ornamental design qualifies both for a patent and as a work of art subject to copyright protection. What is the Difference Between a Patent and a TrademarkPatents prevent others from making or selling an invention, but trademarks protect the words, phrases, symbols, logos, or other devices used to identify the source of goods or services from usage by other competitors. Trademarks give the owner exclusive use of certain images and phrases, and the right to prevent others from using a similar mark that would confuse consumers about who was producing the goods or services the consumer was buying. Typically, overlap does not occur, but in some cases, when a design patent protects the ornamental design of the product and the design is also used as an identifying symbol, both trademark and patent protection may apply. Get Professional IP Help With Your Patent-Related IssuesIntellectual property law can be extremely complex, typically requiring a background in both the law and engineering. If your inventions are at the heart of what your business does, you should contact a patents attorney for legal guidance. Start today by finding an experienced intellectual property law attorney near you. Last year, we published a post that discussed the difference between a patent and a trade secret. Since then, we’ve been asked to take a deep dive into the differences between patents, trademarks, and copyrights — the other common types of intellectual property (IP) protection relevant to high-tech companies. Depending on your business model and how you plan to commercialize your ideas, you may need to pursue different types of protection in order to protect your rights. In this post, we’ll discuss when you should pursue patents, trademarks, or copyrights — and whether it’s worth seeking multiple forms of IP protection.  WHAT IS A PATENT?Patents give you the right to exclude others from making, selling, using or importing a particular product or service, in exchange for full public disclosure of your invention. WHAT CAN WE PROTECT USING A PATENT?To obtain a patent, your invention must meet the legal requirements for patentability. In the United States, this is defined as:
HOW DO WE OBTAIN A PATENT?In order to gain legally enforceable rights in the United States, you must submit a patent application through the USPTO — and the USPTO must approve your application. You cannot be issued a U.S. patent if you don’t file a patent application through the USPTO, or if the USPTO doesn’t approve your application through its patent examination process. HOW LONG IS PATENT PROTECTION GOOD FOR?Patents are generally enforceable for up to 20 years, if you pay all associated maintenance fees. Patents cannot be extended beyond this 20-year period. WHAT IS A TRADEMARK?Unlike patents, trademarks are not concerned with the functionality of a product. Instead, trademarks give you the right to prevent others from unfairly competing with you by using “confusingly similar” marks. WHAT CAN WE PROTECT USING A TRADEMARK?Trademarks are used to identify the source of a product or service, or to differentiate the source of the product or service from others. These identifying marks may include words, phrases, symbols, logos, or other devices. In other words, trademarks can be used to protect a representation of:
HOW DO WE OBTAIN A TRADEMARK?Trademark rights are fundamentally tied to use of the trademark in commerce. You can register a trademark with the USPTO (before or after you use the trademark) — but there is also no legal requirement to register. If you don’t register, you can still have some degree of protection through common law trademark rights, such as:
But if you do register your trademark, you’ll gain an added degree of legal protection, such as:
HOW LONG IS TRADEMARK PROTECTION GOOD FOR?Registered trademarks are valid for an unlimited period of time, but a U.S. registration must be renewed every 10 years. WHAT IS A COPYRIGHT?The authors of copyrighted work have the exclusive right to reproduce, publish, perform, display, or record the creative work, and also to create derivative works from the original. WHAT CAN WE PROTECT USING A COPYRIGHT?Generally speaking, copyrights protect original works of creative expression that have been fixed in a tangible medium. It’s important to emphasize that copyrights do not protect ideas — only the tangible form of the ideas. While they’re usually used to protect artistic output, copyrights can also protect technical work product such as software and product manuals. HOW DO WE OBTAIN A COPYRIGHT?You automatically gain copyright protection when the work is fixed in tangible form, either directly or through the use of a machine (such as a computer or camera). Consequently, copyright registration is optional but highly recommended, and is done with the U.S. Copyright Office. Registering your copyright gives you added legal benefits, like the ability to enforce the copyright against infringers in court. Copyrighted works (whether registered or unregistered) may display the © symbol. HOW LONG IS COPYRIGHT PROTECTION GOOD FOR?Copyrights in the U.S. are generally valid for a term equal to the life of the author plus 70 years. But if a company is the owner of the copyright, then the copyright is typically valid for 95 years after the date the work is first made public, or 120 years from the date when the work was created (whichever is shorter). IN SUMMARY: HOW PATENTS DIFFER FROM TRADEMARKS AND COPYRIGHTSFor easier reference, we’ve summarized the key differences between patents, trademarks, and copyrights in the table below.
WHICH SOURCE OF IP PROTECTION IS RIGHT FOR MY BUSINESS?Each type of protection is distinct. Often, a single product is covered by many forms of IP protection. In other words, your product might contain patentable features, creative expressions that can be copyrighted, and trademarks of the company that produced it. The following examples illustrate how this works:
For technology companies, particularly early-stage startups, patent protection is usually the most important, as it prevents your competitors from exploiting similar technology. But when you’re close to having a product on the market, you will definitely want to think about seeking copyright and trademark protections in order to differentiate your brand. For example, startups might want to consider registering copyrights in their website or marketing materials. It’s also a good idea to do a trademark clearance search before you invest too much in the name of a particular product or service. SHOULD PATENT PROTECTION BE PART OF OUR IP STRATEGY?Understanding the differences between various types of IP protection can help you craft an appropriate strategy to ensure your business maintains a competitive edge in the long run. Our free checklist will help you to determine if you’re really ready to begin pursuing patent protection for your invention. Download it now! ARE
YOU READY TO START THE PATENT PROCESS? DOWNLOAD IS IT TIME TO START BUILDING YOUR PATENT PORTFOLIO? WE’LL HELP YOU FIND OUT! When you’ve got game-changing technology on your hands, you can’t wait to share with the world — which also means protecting it from competitors. But is now the right time to start moving forward with the patent process? Download our FREE checklist to find out. Learn the following:
Dive deep into the patent process and get all your IP readiness questions answered. Fill out the short form on this page to download this checklist today! Michael K. Henry, Ph.D.Michael K. Henry, Ph.D., is a principal and the firm’s founding member. He specializes in creating comprehensive, growth-oriented IP strategies for early-stage tech companies. How does a copyright differ from a patent quizlet?How does a copyright differ from a patent? Copyrights protect original works of authorship, while a patent protects inventions or discoveries.
Which of the following is the string mark should use to include the option in double quotes?'\' is the escape sequence that is used to insert a double quote. Below we can see that we are using this escape sequence inside our string, and the output shows the string with quotations.
Which of the following best describe what the administrator might have missed doing during the troubleshooting process?Which of the following BEST describe what the administrator might have missed doing during the troubleshooting process? Escalating the problem.
Which of the following is the most effective way to store confidential company information?Encryption is the most effective way to protect your data from unauthorized access.
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