If you’ve ever started a new venture or created something original, you might have heard a few terms thrown around. Patents, trademarks, and copyrights are used in business. While some people use those words interchangeably, they are very different forms of protection.
So, what’s the difference between a patent, trademark, and copyright? We will look at what covers your ideas, branding, or creative work. If you choose the wrong one, it could leave you exposed. Here is a breakdown of these protections.
Intellectual Property Protection
Patents, trademarks, and copyrights fall under the umbrella of intellectual property (IP). IP law protects creations of the mind. However, the difference between these protections is what they protect and how they’re enforced.
- Patents protect inventions
- Trademarks protect branding
- Copyrights protect creative expression
Each serves a different purpose, and many businesses need more than one.
What Is a Patent?
A patent protects an invention. This could be:
- A product
- A machine
- A process
- An improvement on an existing invention
If you have created something new and useful, a patent may be the best form of protection.
With a patent, you have an exclusive right to make, use, sell, or license the invention for a set period of time. In most cases, it can last up to 15 to 20 years from the filing date, depending on the type of patent.
However, patents require full public disclosure of how the invention works. In exchange for that information, the inventor gets temporary exclusivity. Once the patent expires, the invention enters the public domain.
Patents are some of the most expensive types of IP protection. You will need to follow a formal application process and provide detailed documentation to get approval from the U.S. Patent and Trademark Office (USPTO).
What Is a Trademark?
A trademark protects brand identifiers. This can include:
- Business names
- Logos
- Slogans
- Sounds or colors associated with a brand (think Coca-Cola or McDonald’s)
Trademarks focus on consumer recognition and preventing confusion in the marketplace. When customers see your logo or business name, a trademark makes sure they know it is yours.
Trademark rights can last indefinitely, but they need to be renewed every 10 years. Also, you will need to actively use the mark in commerce.
Trademark rights can be granted through use, not just registration. But when you have a federal registration, that provides stronger protection, nationwide rights, and legal advantages for enforcement.
What Is a Copyright?
A copyright protects original creative works. In these cases, that can include:
- Written content
- Photographs
- Music
- Videos
- Artwork
- Software code
- Website copy
Copyright protection begins when an original work is created and fixed in a tangible form. While you don’t have to file anything to have a copyright, registration provides benefits to enforce your rights.
Copyrights protect the expression of an idea, not the idea itself. For example, you cannot copyright the concept of a mystery novel, but you can copyright the specific text you wrote.
In most cases, copyright protection lasts for the life of the creator plus 70 years.
Why You Need to Choose the Right Protection
One of the biggest mistakes businesses make is assuming one type of protection covers everything. For example, a business name might be trademarked, but the website content needs copyright protection. A product design may be patented, while the logo used to sell it requires a trademark.
Using the wrong protection or none at all can lead to disputes and lost revenue. Plus, there is always the possibility of expensive legal battles down the road.
Protecting Your Work and Your Business
Now that you know the difference between a patent, trademark, and copyright, you can move forward and protect these valuable intellectual properties.
If you’re unsure which form of protection applies to your situation, reach out to Phillips & Bathke P.C. We can evaluate your options and build a strategy that aligns with your business goals. Schedule a consultation today.
