In the complex world of intellectual property (IP), understanding the differences between copyright and patent protection is crucial for innovators, creators, and entrepreneurs. Both legal mechanisms offer protection for ideas, but they serve different purposes and protect different types of work.
Keep reading to learn the differences between copyright and patents and how a law firm like Boulder-based Schell IP can help you safeguard your intellectual property creations.
What is Copyright?
A copyright is a legal protection given to original creative works that are recorded in a physical form. Like patent protections, copyright protections are rooted in the United States Constitution. A copyright could cover any of a wide range of creative works, including but not limited to literature, music, art, and aspects of certain types of software.
Scope of Copyright Protection
Copyright protection provides the creator with exclusive rights to use, distribute, perform, display, and make derivative works from their original content. Essentially, it gives the creator control over how their work is used and enables them to benefit from the work. However, copyright does not protect the utility of inventions, ideas, systems, or factual information.
Duration of Copyright
Typically, a copyright lasts for the life of the author plus an additional 70 years after their death. For works made for hire, anonymous, or pseudonymous works, the protection can last up to 95 years from publication or 120 years from creation, whichever is shorter.
What is a Patent?
A patent, on the other hand, is an exclusive right granted for an invention, which could be a product, design or a process that provides a new way of doing something or offers a new technical solution to a problem.
Types of Patents
There are three main types of patents:
- Utility patents: For new and useful processes, machines, articles of manufacture, or compositions of matter, or any new and useful improvement thereof.
- Design patents: For new, original, and ornamental designs for an article of manufacture.
- Plant patents: For anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Duration of Patent Protection
The term of a new utility patent is typically 20 years from the date on which the application for the patent was filed in the United States. It is subject to the payment of maintenance fees and the patent may expire earlier if these fees are not paid.
Copyright vs. Patent: Key Differences
Understanding the differences between copyright and patent can be important for protecting and maximizing the value of your work. Here are a few key distinctions:
Nature of Protection
Copyrights generally protect the expression of ideas within works of authorship, such as a novel or a song. Patents, however, generally protect the functionality of inventions, like a new kind of engine or a chemical formula.
Process of Obtaining Protection
Unlike patent protection, copyright protection can occur automatically upon creation and fixation of a work of authorship into a tangible medium; there’s no need to register (although registering does provide legal advantages, which you should explore with an attorney – you can schedule a free consultation with Denver law firm Schell IP). Patents require a detailed application process with the United States Patent and Trademark Office (USPTO), which includes proving the invention is novel, non-obvious, and useful. When filing for a patent, we always recommend consulting a licensed patent attorney.
Legal Requirements
To obtain a patent, the inventor must disclose the details of the invention to the public in the form of a patent application, though a top patent lawyer can help you build a strategy to hide publication of the patent application and the invention described therein until the patent is granted. Copyright does not require any public disclosure, allowing the creator to keep their methods and techniques private.
Design Patent vs. Copyright
When it comes to the visual appearance of a product, understanding the difference between a design patent and copyright might be difficult. Here’s how they differ:
Design Patent
A design patent protects an ornamental design, in other words the way a product or item looks, for up to 15 years. It is ideal for protecting the unique appearance of products like consumer electronics, jewelry, or furniture.
Copyright
Copyright can protect works of authorship expressed in two-dimensional designs, such as graphics, schematics, paintings, and photographs, indefinitely as long as the original work remains fixed in a tangible form, meaning others can physically see it.
Software Patent vs. Copyright
The distinction between software patents and copyright is particularly nuanced, as software can be protected by both, depending on the nature of the software and the scope of protection sought. Especially with regard to software patents, it is critically important to discuss strategy with a qualified patent lawyer like those on the team of Boulder based patent law firm Schell IP:
Software Patent
A software patent can protect the specific processes or functionality of the software, such as algorithms, methods of operation, or device. Like other inventions, to be granted a patent, the inventor must submit an application (typically with the help of a patent attorney) and the software must be new, novel, and non-obvious.
Copyright
Copyright in association with software can protect the expression code itself and the user interface, as long as they are original works of authorship and are fixed in a tangible form.
Patent Law in Action
Patent law can be complex, and navigating the patent system requires a good understanding of how it works. Patent law firms, like Schell IP in Boulder, Colorado, are the best resources for knowledge regarding patent law and patent services.
The Importance of Novelty
To be patentable, an invention must be new. This means it must not have been publicly disclosed, sold, or patented by another inventor before the date of filing.
A patent lawyer can help you conduct a thorough patent search to confirm your patent is novel and distinct from existing patents.
The Non-obviousness Requirement
An invention must be non-obvious to someone with knowledge and experience in the subject area. This means the invention must represent more than a trivial improvement over existing products or processes.
Public Disclosure
Filing a patent application requires a full public disclosure of the invention, which includes a detailed description and, in many cases, drawings. We always recommend consulting a patent attorney to help prepare a thorough patent application.
Protecting Your Intellectual Property
Whether you’re a creator, inventor, or entrepreneur, it’s important to understand which type of legal protection best suits your work. Here are some steps to consider in connection with obtaining patent and copyright protection:
- Evaluate your creation: Initially determine whether it is an artistic work or a functional invention.
- Seek professional advice: Consult with an intellectual property or patent attorney to identify the best form of protection.
- Consider registration: While not always required, registering your copyright can provide additional legal benefits. To be granted a patent, you must file a patent application with the USPTO, and likely do so before anyone else discloses a similar product publicly.
- Maintain records: Keep detailed records of your work’s creation and development process to help make communications with your patent lawyer more efficient.
Conclusion
In the digital age, where ideas and creations can be easily replicated and distributed, understanding and utilizing copyright and patent protections are mandatory if you want to protect the value of your concepts. Through understanding of the key differences and similarities between copyrights and patents as two important forms of legal protection, you can make informed decisions about how to protect your intellectual property and ensure your rights are secure.
For help getting or applying for a patent or copyright, book a free consultation with Schell IP now.
