All three – patent, trademark, and copyright – are types of intellectual property often used interchangeably by the ordinary person. They are all intangible creations of the human mind; however, there are subtle differences between them.
Copyrights are a set of rights you own as the original creator of artistic work like a book, a song, a painting, photography, a sculpture, a computer program, other audio-visual art forms, etc. A copyrighted work will prevent others from discreetly copying and reproducing it on a public platform as their own, provided you have fixed your work in a tangible medium. Suppose an individual is held guilty of using and selling your work without your permission for personal gains. In that case, they will be liable to pay statutory damages commensurate with your loss in the market. Your copyright rights would include the right to reproduce the work, prepare derivative works, distribute copies, perform the work on a public platform, and display the work publicly. The duration of a copyright is the author’s life plus 70 more years.
Patents are used regarding scientific inventions, formulas, machines, compositions of matter, technology, or processes. Some computer programs can fall within the scope of both copyright and patents.
Patents are legal documents that provide exclusive rights to the inventor to use and sell these processes at their own will. The objective of patents is to encourage innovative thinking and experimentation and leverage these for the commercialization and economic growth of a state or a country. The US Patent and Trademark Office grants patents. Compared to copyrights, patent applications can be more expensive, long-drawn, complex, and demanding. It is advisable to hire the services of a competent IP firm like IPExcel to help you deal with these technical processes. The term of protection for patents is 20 years.
On the other hand, a trademark or service mark denotes a brand slogan, word, phrase, logo design, lettering, or symbol used to differentiate products/services or goods from others to
prevent customer confusion in the market.
You are not mandated to register your trademark or copyrights with the federal office, but you will enjoy certain legal benefits when registering your mark with the USPTO. Sometimes, your logo design can be protected under copyright and trademarks. The term of trademark protection lasts for as long as the mark is used in commerce.
Copyright, patent, trademark attorneys at IPExcel, trained and proficient in patent,
trademark, and copyright laws, can help elucidate the differences between IP components and address your queries and confusion.