How Are Patents Different from Copyrights and Trademarks?

Patents, copyrights and trademarks are various aspects of the same central idea. These are different types of intellectual property that ensure securing of property rights of individuals or companies. However, there are many points of differences among the three.

The primary difference is that the nature of rights accorded by patents is for a tangible or conceptual invention, while that given by a copyright is for an original document, or image envisaged by the author. A trademark, on the other hand, can be a word or a symbolic design that can differentiate products of one company from the others.

The next essential factor that distinguishes patents from others is the high level of safety provided by it due to strict liability principles. In other words, irrespective of the fact that the infringer did or did not know that he was violating the patent, he will be held responsible for the same. Thus patents offer greater protection against infringement, while copyright and trademarks provide for reasonable use and other exceptions.

A patent is normally valid for 20 years and then it switches from exclusive ownership of the owner, and the public is free to use that invention from that point. Copyrights, on the other hand are generally given for 60-70 years, and trademarks do not cease to exist even for centuries if you want. Moreover, patents are more exhaustive and accord broader protection than others. In other words, a copyright safeguards the mere expression of ideas, while patents can safeguard the underlying processes and ideas behind the invention as well.

Lastly, the procedures for filing an application for these different legal mechanisms are also quite different from each other. For example, the application for a patent needs intricate description of the invention, which is not needed in case of copyrights or trademarks. But, a copyright application demands a copy of the original work, while a trademark requires a prior check for similar marks in existence in the market.

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