Difference between Copyright and Patent
- February 08, 2017
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Difference between Copyright and Patent
Copyright and Patent seems to be similar but they are different. Both of them have its different importance in business. People sometimes get confused by the term used by some intellectual property. We can say that both of them are from the same family of intellectual property.
There are some points which can help to differentiate between Copyright registration and Patent.
Point of View
Ideas coming in mind cannot be copyrighted. A person owns an asset with legal evidence and public notice of ownership. An individual can take this matter to court for infringement of copyright provided one has the papers in place. Whereas Patent is a right, granted by the government, to exclude others from making, using, or selling your invention.
Protection
Copyright is an idea which means a form of protection conferred to the creator of original work, which excludes others from using the work. Whereas Patent defines proprietary rights endowed to the inventor in which making, utilizing or trading of the invention is excluded.
Values
Copyright contains moral values or expression of right and economy. Economic rights include the right to copy or publication a work or any substantial part of asset. Moral rights include the right to the integrity of the work and the right to be listed as its author (though this is subject to certain limitations).The patent is a moral idea for Inventors and designers for filing patents. A patent protects inventions with a new or improved function.
Product
Sometimes a product can come into one or more of these categories. The code of the software will be protected by a Copyright, whereas the functional expression of the idea will be protected by a patent.
Copyrights reserve the creative work of the artist. It also protects the ornamental design of products which can overlap whereas Patents are closely associated with things and processes that are useful in the real world. These two legal protections overlap when functional objects of distinct objects embody a distinctive or pleasing visual appearance.
Complexity
Protecting an intellectual property is a very complex process that evolves with each step of the life cycle. During its innovation, research, or development. A single product can have a patentable feature, whereas a creative angle protected by copyright and a source of the product that is trademarked.
Mostly probably patents are closely associated with things and processes that are useful in the real world. But copyrights protect expressive arts such as novels, fine and graphic arts, music, phonorecords, photography, software, video, cinema, and choreography.It is possible to get a patent on technologies used in the arts.
Registration
A copyright is automatically registered does not require any formality. But in the patent, there are some formalities which are needed to be fulfilled.
Excluding people
Copyright excludes others from copying or trading the product and patent excludes others from manufacturing or using the product.
Act
Copyright follow Indian Copyright Act, 1957 and patent follow Indian Patent Act, 2005
Time Period
Copyright is valid for the lifetime whereas Patent is provided for the limited period of time.
Also read: How to Start Your Business in Dubai with 100% Ownership?
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