What is the difference between a patent, trademark, and copyright?
Types of Intellectual Property Protection
As a lawyer, I can advise that patents, trademarks, and copyrights are different types of intellectual property protection that safeguard various types of creative works.
Patents
A patent is a legal document granted by a government that gives an inventor or assignee exclusive rights to make, use, and sell an invention for a certain period. To obtain a patent, the invention must be novel, non-obvious, and useful. A patent typically lasts for 20 years from the date of filing and prohibits others from making, using or selling the invention without the inventor's permission.
Trademarks
Trademarks refer to any recognizable sign, design, symbol, or phrase that distinguishes and identifies the origin of products or services provided by a company from those provided by other companies. A trademark must be distinctive and not confusingly similar to an existing trademark. Trademark protection is indefinite and the symbol "TM" may be used to designate a trademark.
Copyrights
A copyright is a legal right granted to the creator of original work that gives the creator exclusive rights to use, reproduce, distribute, and display their work. Once created, a copyright is automatically granted, and registration is not necessary. Copyright law protects original works of authorship such as literary, musical, and visual arts, among others. The creator can license or transfer the copyright to others for a fee, but the creator retains the copyright.
It is essential to understand that these three types of intellectual property protection differ in their scopes, requirements, and durations. Protecting your intellectual property rights is critical in today's world of competition, piracy, and infringement. If you have creative works or inventions, you should consider seeking the advice of a licensed attorney to assist you in determining the best type of protection for your intellectual property.