Whether you are writing a song or inventing a new machine, it is important to understand the difference between a copyright and a patent under United States federal law. Continue reading for more and consult with a skilled Essex County, New Jersey intellectual property lawyer today.
What’s a Copyright?
A copyright is a form of federal legal protection granted to original creative works that are fixed in a tangible form. This protection generally arises automatically once the work is created and fixed in a tangible medium, and it is mainly governed by the Copyright Act of 1976.
Copyright protects the expression of an idea, not the idea itself. The types of works generally protected include books, articles, music, movies, photographs, artwork, software code, and architectural works. Federal law grants the copyright owner exclusive rights, including the power to reproduce the work, distribute copies, display or perform the work publicly, and create derivative works, which are adaptations or modified versions based on the original work.
What’s a Patent?
A patent is a form of federal legal protection generally granted to inventions, processes, and functional innovations. This protection applies to a wide range of creations, including machines, manufacturing methods, medical devices, software-related inventions, chemical compositions, and consumer products. For an invention to qualify, it must generally be proven to be new, useful, and non-obvious.
The patent provides the holder with the right to exclude others from making, using, selling, or importing the invention under federal law. This is an important distinction, as a patent does not automatically give someone the right to use the invention themselves; its main function is to give the holder the legal power to stop others from using the innovation without their permission.
Because patents are valuable and complex legal tools, the application process is often complicated. All patents are governed under federal law and are administered by the United States Patent and Trademark Office (USPTO).
What’s the Difference Between a Copyright and a Patent in the U.S.?
The main difference between a copyright and a patent in the U.S. is in what each protects. A copyright protects original creative expression, controlling the way an idea is conveyed, not the idea itself. Simple examples include a novel, music, or a photograph.
On the other hand, a patent protects inventions and functional innovations, applying to things like machines, manufacturing methods, or a new medical device. To be patentable, an invention must be new, useful, and non-obvious.
Their durations also differ significantly. Copyright protection is generally long-lasting, typically extending for the author’s lifetime plus 70 years for works created after 1978. Patent protection is much shorter. A utility patent, which covers functional inventions, generally lasts 20 years from the application filing date. A design patent, which protects the ornamental appearance of an object, generally lasts 15 years from the date it is issued.
Another relevant distinction is that copyright arises automatically upon creation, whereas a patent requires an application through the complex process administered by the USPTO. For more information, contact a skilled intellectual property attorney today.