All three - copyrights, trademarks and patents - emerge from the same fundamental legal requirement. They are various kinds of intellectual property that secure the interests of the owner of an invention or creation. However, there are various key points of differences among the three.
One of the important differences is that the patents essentially protect the physical or conceptual inventions, while copyrights secure literary, artistic or other such works. On the contrary, trademark does not always have to be original, as it can be any word or logo that can identify a product.
The next essential factor that distinguishes patents from others is the high standard of protection provided by it due to strict liability principles. This implies that any violation of the patent, whether deliberate or not, would lead to prosecution of the violator. Therefore, patents accord higher safety than copyrights and trademarks that permit some exceptions like fair use etc.
A patent is usually awarded for a span of 20 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. Further, patents can safeguard your intellectual property interests in a very stringent manner. This is to say that where copyrights safeguard only the expression of a particular idea, patents cover the techniques as well as the fundamental principles behind an invention.
Finally, since there are different levels of safety provided for by these three IPR types, the process for applying for them is also quite different from each other. For instance, the application for a patent requires detailed description of the invention, which is not required in case of copyrights or trademarks. But, a copyright application demands a replica of the original creation, while a trademark needs a thorough search for existing marks in the market that could lead to confusion.
One of the important differences is that the patents essentially protect the physical or conceptual inventions, while copyrights secure literary, artistic or other such works. On the contrary, trademark does not always have to be original, as it can be any word or logo that can identify a product.
The next essential factor that distinguishes patents from others is the high standard of protection provided by it due to strict liability principles. This implies that any violation of the patent, whether deliberate or not, would lead to prosecution of the violator. Therefore, patents accord higher safety than copyrights and trademarks that permit some exceptions like fair use etc.
A patent is usually awarded for a span of 20 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. Further, patents can safeguard your intellectual property interests in a very stringent manner. This is to say that where copyrights safeguard only the expression of a particular idea, patents cover the techniques as well as the fundamental principles behind an invention.
Finally, since there are different levels of safety provided for by these three IPR types, the process for applying for them is also quite different from each other. For instance, the application for a patent requires detailed description of the invention, which is not required in case of copyrights or trademarks. But, a copyright application demands a replica of the original creation, while a trademark needs a thorough search for existing marks in the market that could lead to confusion.
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Discover more about trademark registration Singapore and discover how does a patent lawyer and IP protection increase the net worth of your business very fast.. Unique version for reprint here: What Separates Patents From Trademarks And Copyrights?.
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