What Distinguishes Patents From Trademarks And Copyrights?

Patents, trademarks and copyrights originate from the same fundamental idea and legal necessity. These are different types of intellectual property that help in securing of property rights of persons or companies. However, there are many key differences between the three.

The primary difference is that the nature of rights provided by patents is for a physical or conceptual invention, while that given by a copyright is for an original document, or image created by the author. On the other hand, trademark does not always need to be innovative, as it can be any word or symbol that can identify an item or brand.

Secondly, patents are the strongest forms of intellectual property, particularly because they are guided by strict liability principles. This means that even if the offender has no deliberate intention of infringement, he will be held responsible for the same. Hence, patents offer a lot more protection than other forms of IPRs without any scope for considerations like fair use and other such provisions.

A patent is usually awarded for a period of twenty years, after which it goes into the public domain. 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. Put simply, a copyright safeguards the mere expression of ideas, on the other hand, patents can safeguard the underlying processes and ideas behind the invention as well.

Finally, since there are varying levels of safety provided for by these three IPR types, the procedure for applying for them is also quite different from each other. For instance, the application for a patent requires intricate description of the invention, which is not required in case of copyrights or trademarks. But, a copyright usually requires a replica of the original work, while a trademark needs a thorough search for existing marks in the market that could lead to confusion.

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