MightyRecruiterThere are numerous laws in place to protect the owners of original ideas and products. A patent, copyright, and trademark are three forms of intellectual property, and they protect different entities. While they all protect an original idea from being used by someone else, there are acute differences among all of them.
Patent Definition
A patent protects the owner of an original invention from the use, production, or sale of his or her invention by someone else. While a patent gives a certain level of protection, it is not available for every invention. An invention must fall under three different types of patents, and it must also meet a number of eligibility criteria in order for a patent to be granted.
Types of Patents
When an owner develops a new invention and would like to protect it, the invention must fall under one of three categories:
Criteria for Patent Approval
Once an invention is determined to fall into one of the patent types, it must also meet a number of qualifying criteria:
- An invention must be novel, which means that it differs from similar inventions by at least one part
- It must be considered nonobvious, which means that another individual who is skilled in the area of discovery thinks the invention is an unforeseen or unanticipated improvement, and that it isn’t just a logical next step of a current patented invention
- The invention must be able to perform and have a beneficial use
- The creation cannot have been patented or sold by anyone else within a year of the filed patent application date
Patent Expiration Dates
Unlike other protections for intellectual property, a patent runs out after a certain period of time. Patents for designs last for 14 years, plant patents last for 17 years, and utility patents last for 20 years. Maintenance fees must also be paid throughout the life of a patent or it will expire sooner than the original date. Once the patent runs out, the original invention is considered to be public property and can be sold by anyone.
Patent vs. Copyright
While a patent protects a particular invention, a copyright protects the expression of an idea, such as a type of artistic work like a movie, song, book, painting, or computer program. Another person can replicate or perform a copyrighted work, but he or she must be granted permission from the owner of the copyright, who may be entitled to financial compensation.
A patent must be applied for and granted, while a copyright is automatically given. However, registering and giving notice of the copyrighted work proves ownership and keeps the copyright term for a long period of time. While a patent expires after 14 to 20 years, a copyright term can last as long as 120 years, depending on the factors.
Patent vs. Trademark
A trademark protects the identifying logo, phrase, or design of a good or service. While a patent protects an invention from being reproduced or used by someone else, the actual good being trademarked can be used and manufactured by anyone. While both a patent and trademark expire after a certain period of time, a trademark can be re-registered every ten years. If a trademark is not maintained, it is considered to be abandoned and can be registered by someone else if its use meets the trademark guidelines.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.