Patents, trademarks and copyrights, what is the difference between them?

Patents, trademarks, and copyrights, what is the difference between them?

Basics:

Do you have a great idea that is sure to make you a fortune? There is an important step for any inventor or artist to take before it is put on the market by protecting it with a patent, trademark, or copyright using a document from the government.

Each of these three represents a legal bulwark against imitators who seek to imitate your idea. However, each one represents a specific type of intellectual property; So it is important to know the difference between them.

What is a patent?

A patent protects an original invention for a specified period of time and is documented by the United States Patent and Trademark Office (USPTO) or equivalent in your country. It gives the right to produce a product without fear of competition during the term of the patent; It is a kind of motivation for companies and individuals to continue developing their products or services.

There are three types of patents: utility patent, plant patent, and design patent.

Utility patent:

A utility patent covers the production or development of a product, process, or machine, and is also known as a “patent for inventions”; It prohibits individuals or other companies from manufacturing, using, or selling the product without the consent of the right holder. This certificate is valid for 20 years but requires the holder to pay a certain fee periodically.

Most people link patents to machines or devices, but they also apply to software, profit processes, and chemical equations; As in pharmaceutical products.

Botanical patent:

the botanical patent protects the new and unique features of a botanical variety from being copied, sold, and used by others. A plant patent is valid for twenty years from the date of patent registration. The plant must be reproducible by a non-sexual method; So that the reproduction is genetically identical to the original; It is produced through methods such as root cutting, plant bulbs, slicing, or budding.

Design patent:

On the other hand, the design patent is applied to the unique look of a specific product, for example, a car with a distinct hood or a unique lamp sight, these visual elements are part of the car’s identity and may add to its value. However, without patenting these parts, it allows competitors to copy without incurring legal consequences.

Design patents issued since May 2015 last for 15 years from the date of patent acceptance and do not require periodic fees, design patents before that date only lasted for 14 years.

(These numbers, years, and rules apply in the case of US law, the number of years may vary from country to country).

What is the brand?

Unlike a patent, a trademark protects speech and design elements that clarify the source of the product. Brand names and company logos are examples of branding.

A service mark is similar to a trademark except that it protects a service provider rather than a producer of manufactured products. The term trademark is usually used to refer to both designations.

There are simple and clear examples of trademark infringement. For example, you will often run into major problems if you try to can soft drinks and call them Coca-Cola, or even if you use the famous wave as a logo; The two are protected for several decades.

However, trademark rights go further, as they prohibit any other marks that are similar to the registered mark in appearance or may cause confusion in the product. Therefore, any business cannot use any logo or name if it looks similar in shape or sound, or has similar meanings to those names, shapes, or sounds reserved with a trademark, especially if the product or service is similar to the product protected by the trademark.

If the trademark holder believes that there is a breach of his trademark rights, he can resort to the courts.

What is copyright?

Copyright protects creative works such as writing, art, architecture, and music throughout the duration of the copyright activation. The owner of the rights has absolute power to display, publish, perform works, or license the material. One notable exception is the doctrine of fair use. Which allows some degrees of distribution of copyright material for scientific, educational, or news reporting purposes.

Technically; You do not have to register a copyright file to protect your work. The work is considered yours when it appears in a tangible form; Like a book, music, or research publication.

however; Official registration with the US Copyright Office before, or within five years of publication, makes it easy to demonstrate that you are the original author if you have to go to court.

The term of copyright depends on the year of production, and laws have changed during the past years.

Since 1978 most literature has been copyrighted for up to 70 years after the author's death. After this time, individual businesses enter the public domain and can be reconfigured by anyone without anyone's permission.

As a general rule, the author retains copyright privileges even if publishing is by a company. There is an important exception to this rule, materials that you create for your company as something required in your work, for example; Contributing to audio recordings published by the company is usually considered "paid work".

This is why the business owner, not you, retains the copyright. If there is a compromise in which you can negotiate copyright ownership before creating the work, ensure that the negotiations are in writing to guarantee your right.

Conclusion:

The decision you make to own a patent, trademark, or copyright depends on the type of intellectual property you are trying to protect. If you have a new product, logo, or business conscious; Registering your idea in the right place can help you ensure that you take full advantage of the fruits of your work.