Patent vs Copyright vs Trademark: How Do They Differ?

When it comes to patent vs copyright vs trademark, many people may not be sure which one they need. Here’s what you should know.

Whether your business is just starting out or on its way to becoming an established brand, the world of intellectual property (IP) can be bamboozling. Each year, the US Patent and Trademark Office receives an average of 900,000 trademark applications and 500,000 patent requests.

Protecting your creations is crucial to maintaining your competitive advantage, but even the terminology can get confusing. Do you need a patent, trademark, copyright registration, or all of the above?

Let’s clear up the confusion by taking a deep dive into the world of patent vs copyright vs trademark. We’ll look at the crucial differences between them all and what you need to protect your company.

Defining Patents, Copyrights, and Trademarks

While all three terms are used when discussing protecting intellectual property, patents, copyrights, and trademarks are regulated by different bodies in the United States.

Unsurprisingly, the US Patent and Trademark Office is responsible for these two areas. However, copyrights must be registered with the US Copyright Office, which is part of the Library of Congress. 

In recent years, international patent applications from East Asia have outpaced other regions as it solidifies its place as an innovation hub. If you plan to focus sales in Europe, consider taking out protections there. A patent lawyer can advise you about registering with the European Patent Office.

Understanding Patent Law

A patent grants the creator of a new invention, process, or discovery certain rights over how it is used. Once a patent has been granted, you can prevent someone else from using, making, or selling your invention. 

The three major categories of patents are: 

• Utility
• Design
• Plant

One of the most famous examples of a software patent was filed by Amazon back in 1997. Its one-click patent, which allows users to complete a purchase with a single click, was granted in 1999. 

However, patents don’t last forever. In fact, they only last for twenty years. The Amazon one-click patent has had its day, expiring on September 11, 2017.

Whether your invention is as valuable as one-click or not, it is important to protect it from your competitors. A patent lawyer can review your case and advise you on the best course of action to keep your intellectual property safe.

When Businesses Need Copyright Registration

If your business creates original works of authorship, it is important to register for copyright. Once copyright has been granted, you will have exclusive rights to distribute, sell, display, perform, and reproduce that work. While the creator automatically has copyright over their creations as soon as they record them in a tangible format, registration enhances these protections.

If you are a tech company, you may feel that copyright doesn’t apply to you. However, it could apply to several creative elements of your work that you would want to protect from copycats, including:

• User interfaces
• Original music commissioned for video games
• Original works of art included in a software package
• Source code

Copyright law can be complex. Yet, once you register, it provides long-lasting protection. An experienced intellectual property lawyer can guide you through the steps you need to take to protect these valuable assets.

Why Protect Trademarks?

Trademarks can be among a business’s most valuable assets. The words “Finger-lickin’ good” and “Just do it” are two examples of registered trademarks that are instantly recognizable.

Whether it’s a logo design, a phrase, or a word synonymous with your business, it’s vital to protect it. This could help you prevent other businesses from capitalizing on or destroying your business’s good name by copying it. 

However, registering a trademark in the United States can be complicated. There are both state-level and federal-level trademark registration processes.

However, trademarks can last indefinitely with the correct registration and renewal. This makes them a great way to protect your brand in the long term.

A trademark lawyer can examine your case and advise you on the best way to proceed so you can obtain the protection you need.

How Much Do Patents, Copyrights, and Trademarks Cost?

Typically, the costs of registering each type of protection are modest. However, it’s important to get the paperwork right and understand which protection you need. You must also think about where you do business and whether you need to register in more than one location.

In the United States, application fees are around:

• Patent: $80, plus fees
• Trademark: $250 for each class of goods/services
• Copyright: $45 minimum

How Intellectual Property (IP) Lawyers Can Help

IP lawyers can help you by letting you focus on what you do best – creating new products and services. They can assess your products and seek the most appropriate protections that will keep copycats at bay.

Seeking Patents

A patent lawyer will look at the substance of your creation and identify what makes it unique. This is what they will seek patent protection for. This can protect algorithms and processes from competitors, just as one-click did for Amazon for a period of twenty years. 

Championing Copyright

From the source code of your website to the soundtrack of your videogame, copyright helps you to maintain the unique look and feel of your creations. An IP lawyer who is well-versed in copyright law can promptly seek the protections you need, helping you solidify your unique place in the market. 

Guarding Your Trademark

To send a clear message to your customers, you must protect your brand identity. A trademark lawyer can help you register trademarks for your company name, logo, app icon, slogans, and other unique features that are synonymous with your brand. 

Untangling the Web of Patent vs Copyright vs Trademark For Your Company

Whether inventing new machinery or developing software, you must protect what is lawfully yours. This guide to patent vs copyright vs trademark is a great starting point, but to truly protect your assets, you need professional legal advice.

The intellectual property lawyers at Berkeley Law & Technology Group, LLP (BLTG®) are here to help companies protect intangible assets for clients in the US, Asia, and Europe. We craft bespoke strategies to protect your most valuable assets.

Call us at 503-439-6500 or contact us online to explore your legal options.