Difference between Copyright and Patent
Copyright and patent are two principal categories to secure creative works and inventions. While both grant exclusive rights to creators and inventors, the nature of protection they offer is different.
Through this article will be understanding the difference between copyright and patent. We will also discuss their types and how these are important.
Difference Between Copyright and Patent
In this section, we will be discussing the difference between copyright and patent in tabular format.
| Parameter | Copyright | Patent |
| Governing act | Copyright Act, 1957 | Patents Act, 1970 |
| Validity period | 70 years | 20 years |
| Areas | Mostly everything | Scientific advancements |
| Types | Literature, music and audio-visual | Design, utility, plant and provisional |
| Application method | No registration is required | Registration process needs to be followed. |
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What is Copyright?
Copyright is an IPR that grants protection to authors of original works. It includes books, music, film, artworks, software, and even architecture. Copyright protection is automatic and begins from the instant a work is created.
It primarily gives the author the exclusive right to reproduce, distribute, perform, display, or license their work. Copyright secures various forms of expression rather than the ideas, procedures, methods, or concepts in the work.
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Importance of Copyright
Copyright ensures that the work of the creator is protected. This gives them the confidence to innovate and express their ideas without getting worried that their work might get stolen or copied without due credits. Through copyright, one gets the exclusive rights of reproducing, distributing and monetizing the work. This ensures that the creators get the maximum returns on theirr work.
Types of Copyright
The following are the main types of copyright:
- Literature: This category covers a broad range of textual materials, including books, articles, novels, manuscripts, poetry, and even computer programs and databases.
- Music: This type of copyright protects both the musical notation and any song lyrics. The sound recording of a song typically requires a separate copyright.
- Audio-visual content: Movies, games, television shows, videos, and other visual content accompanied by sound.
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Advantages of a Copyright
The following points highlight the importance of a copyright:
- Protects creative works: Copyrights legally secures the original works of authors, artists, musicians, and creators. It grants them exclusive rights over their works, including the rights of reproduction, distribution, display, performance, and creation of derivative works.
- Economic benefits: It allows the creator to have a control over the creation and also allows its monetization. The creator is able to license the work to others, sell, or utilize it for generating income. This provides economic incentives for future creative endeavors.
- Legal ownership: Copyright secures the legal position of its holder. In case of infringement, due to copyright registeration, holder can easily take legal action, seek damages, and sue the unauthorized entity against its use.
Read LaterWhat is a Patent?
Through a patent, exclusive rights are granted to the inventor by government for a fixed period of time. In most cases, it is set for 20 years, in lieu for a detailed public disclosure of an invention. The invention could be a new technologies, useful process, manufactured products, or composition of matter, and other useful improvements.
Patents provide the inventor with the security to prevent other creators from copying, making, using, selling, or importing their invention without permission. Unlike copyright, obtaining a patent is a complicated and costly process which includes proper research, application, examination, and potential legal costs.
Importance of Patent
Patent grants its inventor with the exclusive right to produce, sell, and use their invention for a specified period. It ensures that inventors can reap the financial rewards for a fixed period of time without concern for immediate imitation. Patents help in bringing changes which facilitate the growth of new industries; thus, in turn, it supports our economy.
Types of Patent
The following are the different types of patents:
- Utility patent: This type of patent involves preparation of lengthy and detailed technical documents. The aim of this patent is to educate public about the ways to apply a process, use a new machine, or understand a system. Through this patent, inventions are protected like genetic engineering and software are protected.
- Provisional patent: It is a less formal document in nature that proves the inventor was in possession of the invention. The inventor has sufficient knowledge to make the invention work. In such as case, the invention is marked as patent pending.
- Design patent: This patent secures an ornamental design on a useful item. The shape of a bottle or even a shoe design is protected by a design patent. These are difficult to search since very few words are used in a design patent. Software companies use design patents to protect elements of user interfaces such as the shape of touchscreen devices.
- Plant patent: A plant patent protects newer plants produced by cuttings or other means. These patents do not cover genetically modified organisms. They focus more on conventional horticulture.
Advantages of Patents
The following are the advantages of a patent:
- Monopoly rights: Patents allows inventors to prevent other entities from making, using, selling, or importing the patented invention without seeking permission.
- Investment opportunities: Patents provides inventors with an opportunity to use their investments for research and development. These exclusive rights create a competitive advantage which attracts more investment and funding for development.
- Market positioning: Patents strengthen the positioning in market of a company by offering them unique selling point over its competitors. Patent holders can license their patented technology to other companies which in turn helps them in generating revenue through licensing fees and royalties.
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FAQs
How is copyright different to patent?
Copyright can be granted to all types of work whereas patent is granted to inventions and technical advancements.
What are the requisites of a patent?
The invention should be technical or scientific and should offer utility.
Who is the owner of a copyright?
A creator of the work in first instance owns a copyright.
Jaya is a writer with an experience of over 5 years in content creation and marketing. Her writing style is versatile since she likes to write as per the requirement of the domain. She has worked on Technology, Fina... Read Full Bio
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