How Are Patents Different From Copyrights And Trademarks?

Patents, trademarks and copyrights originate from the same basic idea and commercial necessity. These are forms of intellectual property that protect the rights of inventors and creators. However, these three have certain marked differences.

The primary difference is that the nature of rights provided by patents is for a tangible or conceptual invention, while that provided by a copyright is for a creative document, or image created by the author. On the contrary, trademark does not always need to be original, as it can include any word or logo that can identify an item or brand.

Secondly, patents are the most effective forms of IPR, particularly because they are based on strict liability principles. In other words, regardless the fact that the offender was or was not aware that he was infringing the patent, he will be held responsible for the same. Therefore, patents provide higher protection than copyrights and trademarks that allow certain exceptions like fair use etc.

A patent is usually awarded for a span of twenty years, after which it goes into the public domain. On the other hand, trademarks can continue for an infinite duration while copyrights are valid for 60-70 years from the date the work was created. Moreover, patents are capable of protecting your interests in a much more comprehensive way. In other words, a copyright protects the mere expression of ideas, whereas patents can protect the underlying processes and ideas behind the creation as well.

Lastly, the processes for submitting an application for these different legal mechanisms are also quite different from each other. For example, while a patent requires comprehensive description of the invention to be disclosed, copyright just needs a copy of the original work and trademark requires a complete search for already existing marks in use.

Discover more about Trademark Registration Singapore and discover how does an Intellectual Property protection increase the net worth of your business very fast.

Published by: Amy Taylor on October 21st, 2009 | Filed under Intellectual Property



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