What’s the difference between copyrights, trademarks, and patents?

Copyrights, trademarks, and patents are legal tools designed to protect intellectual property, but they serve different purposes and apply to different types of creations. Understanding the distinctions between them is crucial for protecting your work, brand, or invention, and for ensuring that you respect the rights of others.
This article will explore the key differences between copyrights, trademarks, and patents, including what each protects, how long protection lasts, and the process for obtaining them.
1. What is Copyright?
Copyright is a form of protection given to the creators of original works of authorship, such as literary, musical, artistic, and other creative works. Copyright protects the expression of an idea, but not the idea itself. For example, a novel, song, photograph, or software code can be copyrighted, but the underlying concepts or ideas cannot.
What Copyright Protects:
- Literary works: Books, articles, and poetry
- Musical works: Songs and compositions (both lyrics and music)
- Dramatic works: Plays, scripts, and screenplays
- Artistic works: Paintings, drawings, sculptures, and photographs
- Audiovisual works: Movies, TV shows, and video games
- Software: Source code and executable programs
- Architectural works: Designs and blueprints
Copyright grants the creator exclusive rights to:
- Reproduce the work
- Distribute copies of the work
- Perform or display the work publicly
- Create derivative works based on the original (such as adaptations or translations)
How Long Does Copyright Last?
In most cases, copyright protection lasts for the life of the author plus 70 years. For works created by corporations or in the case of anonymous or pseudonymous works, copyright typically lasts 95 years from publication or 120 years from creation, whichever is shorter.
How to Obtain Copyright:
Copyright protection is automatic upon the creation of an original work that is fixed in a tangible medium (e.g., written down, recorded, or stored digitally). While registration with the U.S. Copyright Office is not required for protection, registering your copyright provides additional legal benefits, such as the ability to sue for statutory damages in the event of infringement.
2. What is a Trademark?
A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods or services from those of others. Trademarks are used to protect brand identity and prevent confusion among consumers. For example, the name Nike, its logo, and its slogan (“Just Do It”) are all trademarks that identify the company’s products.
What Trademarks Protect:
- Brand names: Company or product names like “Apple” or “Coca-Cola”
- Logos: Symbols or designs, such as the McDonald’s “Golden Arches”
- Slogans: Taglines or catchphrases, such as “I’m lovin’ it”
- Product packaging: The unique design or appearance of packaging (known as trade dress)
- Sounds: Distinctive sounds associated with a brand, such as the NBC chime
- Colors: Specific colors used in branding (e.g., Tiffany & Co.’s iconic blue)
Trademarks prevent others from using similar marks that could confuse consumers about the origin of goods or services. They protect the reputation and goodwill of a brand.
How Long Does Trademark Protection Last?
Trademarks can potentially last indefinitely as long as they are being actively used in commerce and the owner continues to file for renewal. In the U.S., trademarks must be renewed every 10 years, and the owner must demonstrate continued use.
How to Obtain a Trademark:
Trademark protection is not automatic. You must apply for a trademark with the U.S. Patent and Trademark Office (USPTO) or a similar authority in other countries. The application process includes a review to ensure the mark is distinctive and not already in use. Once registered, the trademark owner can use the ® symbol to indicate that the mark is federally registered.
3. What is a Patent?
A patent is a government-granted right that gives the inventor of a new and useful invention exclusive rights to make, use, sell, and import the invention for a limited period of time. Patents are typically used to protect inventions, processes, and machines that are novel, non-obvious, and useful. They ensure that inventors have the opportunity to profit from their innovations while encouraging further technological development.
What Patents Protect:
- Inventions: New machines, devices, systems, or methods (e.g., a new type of engine)
- Processes: Methods for performing specific tasks (e.g., a new manufacturing technique)
- Chemical compositions: New formulations (e.g., pharmaceuticals, adhesives)
- Designs: Ornamental designs for a manufactured product (e.g., the unique shape of a smartphone)
There are three types of patents:
- Utility patents: Protect new and useful inventions or processes. These are the most common type of patent.
- Design patents: Protect new, original, and ornamental designs for manufactured products.
- Plant patents: Protect new and distinct plant varieties that have been asexually reproduced.
How Long Does Patent Protection Last?
- Utility patents last for 20 years from the filing date of the patent application.
- Design patents last for 15 years from the date of grant.
- Plant patents also last for 20 years from the filing date.
Once the patent expires, the invention enters the public domain, allowing others to use it freely.
How to Obtain a Patent:
Obtaining a patent requires submitting an application to the USPTO that fully describes the invention, including how it works and how it is unique compared to existing technologies. The application process is rigorous and often takes years to complete. Once granted, the inventor has the exclusive right to the invention, but they must pay maintenance fees to keep the patent active.
4. Key Differences Between Copyrights, Trademarks, and Patents
1. What They Protect:
- Copyright: Protects creative works such as books, music, art, and software. It protects the expression of an idea, not the idea itself.
- Trademark: Protects brand identity, such as logos, brand names, and slogans, to distinguish goods or services from competitors.
- Patent: Protects inventions and processes, ensuring that others cannot make, use, or sell the invention without permission.
2. Duration of Protection:
- Copyright: Generally lasts for life of the author plus 70 years.
- Trademark: Can last indefinitely as long as the trademark is used and renewed.
- Patent: Utility patents last for 20 years, while design patents last for 15 years.
3. How Protection is Obtained:
- Copyright: Automatic upon creation of a work. Registration with the U.S. Copyright Office is optional but recommended for additional protection.
- Trademark: Must be registered with the USPTO or other relevant authority. It requires renewal every 10 years to remain in effect.
- Patent: Requires a formal application and approval process from the USPTO, including detailed documentation of the invention. Maintenance fees are also required.
4. Scope of Protection:
- Copyright: Protects original works of authorship and gives the creator exclusive rights to copy, distribute, and adapt the work.
- Trademark: Protects the distinctive identifiers of a brand, such as logos or names, to prevent confusion among consumers.
- Patent: Protects novel inventions and gives the inventor exclusive rights to produce and sell their invention for a specific period.
5. Choosing the Right Protection for Your Intellectual Property
- If you are a creative professional (e.g., author, musician, artist), copyright will likely be the best way to protect your work.
- If you are building a brand and want to protect your company’s name, logo, or slogan, a trademark is the right choice.
- If you’ve created a new invention or process, applying for a patent will ensure you have exclusive rights to your invention.
Each form of intellectual property protection plays a unique role, so it’s important to understand what you need to protect and choose the appropriate type of protection.
Conclusion
Copyrights, trademarks, and patents each offer different forms of protection for intellectual property. Copyright protects creative works, trademark protects brand identity, and patent protects inventions and processes. Knowing the distinctions between them helps creators, inventors, and business owners safeguard their work and ensure that they retain the rights to their intellectual property.