Patent vs Copyright: Which Is The Correct IP Protection You Need?
Patents and copyrights are two vital aspects of intellectual property law, but many people are confused as to the difference between the two. This can present a serious problem when your business produces something in need of intellectual property protection.So, what is the difference between patent and copyright? At its very core, the difference resides in both the specific creations that can be protected by each and the ease or difficulty with which protection can be registered. Explore the differences between patent and copyright, learn which you need for your business, and how an intellectual property lawyer can help.
Patent (Utility & Design)
The U.S. Patent and Trademark Office issues several different types of patent documents offering different kinds of protection and covering different types of subject matter, including utility patents and design patents. A utility patent protects inventions of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof.
A design patent protects new, original and ornamental design embodied in or applied to an article of manufacture. The basic requirements for patent eligibility are that the invention is new, useful (for utility patents) and nonobvious – it must be unlike anything else out there, taking into account any related prior art, and it must solve a problem in such a way that anyone with reasonable skill in the associated art would not consider an obvious logical next step.
Examples of specific things that can be patented include (but may not be limited to):
Machinery
Unique rules to a game
Manufactured products
Drugs and other chemical compositions
Clothing designs
Musical instruments
Computer hardware and software
New plant varieties which were asexually reproduced under controlled conditions (protected by a plant patent)
Utility patent protection lasts for 20 years after the date of filing, while design patent protection lasts 14 years, and grants complete control over the invention. Patent protection allows you to stop others from producing, selling, offering for sale, importing or otherwise using the invention you have patented.
Copyright
Copyright protection extends to original works of authorship. This can range from paintings to sculptures, to novels, television shows, movies and music. Copyright protection lasts for 70 years after the death of the author, or 95 years after publication if the copyrighted item is of corporate authorship.
Copyright protection provides you 6 exclusive rights in the copyrighted work, including the right to reproduce the work, the right to prepare derivative works and the right to publicly perform or display the work, to name a few.
Ideas Aren’t Protected
There are many things that are not protected by copyright or patents. The most important of these is the abstract idea. It’s an important concept to remember, that simple ideas cannot be protected. To gain copyright or patent protection, the work/invention must be physically expressed in some way.
How to Obtain Patent vs Copyright Protection
Copyright protection is automatic. Copyright protection is secured the moment a work of authorship is created, that is, once it is fixed in a tangible medium, e.g., writing it down on a piece of paper. Registering your copyright with the federal government provides you certain additional protections and presumptions, such as a presumption of validity and ownership.
A Patent, on the other hand, must be obtained through registration. This process is more difficult than copyright registration and can take up to a year or more from your date of first filing. You need to conduct extensive research and complete detailed registration paperwork, which may go through several rounds of revision, before you are approved.
Seeking Help from an Intellectual Property Attorney
If you need to secure any sort of IP protection, and especially for complex filings like patents, it’s important to have the help of a qualified intellectual property attorney. Ensuring that your patent or copyright is valid is the core of keeping your business solvent, and there are a lot of mistakes and pitfalls to avoid.
If you would like advice in this area or have any questions regarding the patent vs copyright matter, please contact me, Shane Birnbaum, at 201-806-3364.
The Due Diligence Process for NY Condominiums and Cooperatives
While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Smart Contract Legal Issues: Drafting Agreements for Blockchain
Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Are Stay Interviews the Key to Retaining Top Talent?
Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
