Understand the Difference between Copyright and Patent
- December 05, 2024
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Understand the Difference between Copyright and Patent
Intellectual Property Rights are a category of property rights which provide legal protection for intangible assets like inventions, creative works, and trade secrets. Both patents and copyrights are intellectual property types. Both of them grant exclusive rights to creators.
Many people and organizations worldwide apply for copyrights and patents to protect their work. However, these two types of intellectual property serve different purposes and have distinct requirements. While both fall under the broader category of intellectual property, their roles are not the same. They are somewhat similar to tea and coffee. Both of them are considered beverages but they are completely different from each other.
In this blog post, we’ll explore the difference between copyright and patent. Enjoy reading!
What is Copyright?
Copyright is a type of intellectual property that offers legal protection to original works of authorship such as paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, databases, advertisements, maps, technical drawings, etc. Copyright protects the expression of an idea and not the idea itself. There isn’t a copyright in an idea.
The copyright law history in India dates back to the British colonial era when the first Copyright Act of 1914 was introduced. This law was based on the British Copyright Act of 1911. After India gained independence, a new copyright law was introduced known as Copyright Act 1957. Since then, this law has been amended six times.
India is a member of numerous intentional copyright law conventions like Berne Convention of 1886, the Universal Copyright Convention of 1951, the Rome Convention of 1961, and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), just to name a few.
Copyright protection is automatically granted as soon as work is created. So, we can say that copyright registration isn’t mandatory. However, securing this registration helps to create a public record of the copyright claim, which notifies others that the work is protected. Those who want to obtain copyright protection for their work can apply for copyright registration with the Registrar of Copyrights at the Copyright Office.
What is Patent?
Patent is a type of intellectual property that protects inventions for a limited period of time and within a specific territory. By securing a patent, the owner gets exclusive rights to their invention, including the ability to decide who can use the invention, preventing others from using, selling or manufacturing the invention, and being able to license others to manufacture the invention.
Patents can be granted for different types of inventions such as for devices, substances, processes, methods, pharmaceutical drugs, appliances, methods, mechanical devices, nanotechnology chips, face serums and kitchen utensils.
The Patent Cooperation Treaty (PCT) was signed by India on December 7, 1998. Since then, India can be designated in international patent applications submitted via the PCT route.
The Act VI of 1856 was the first patent-related law in India. The purpose of this law was to encourage inventors to reveal the secrets of their creations and to promote the development of innovative and useful manufacturing. On March 3, 1856, civil engineer George Alfred DePenning's "An Efficient Punkah Pulling Machine" became the first patent in India.
The law that still governs patents in India is the Patents Act of 1970. It was first put into effect in 1972 and has been repeatedly amended in 1999, 2002, 2005 and 2006 respectively. Those who want to obtain patent protection can file a patent application with the Indian Patent Office.
Patent vs Copyright: Table of Comparison
We will explore the difference between copyright and patent through the following table of comparison:
|
Parameter |
Copyright |
Patent |
|
Definition |
An intellectual property right which protects original works of authorship such as literary, artistic, musical, and dramatic works. |
An intellectual property right which protects inventions or innovations that are new, useful, and non-obvious (to someone in a related field). |
|
Examples |
Copyright registration can be granted for literary works, software, music, paintings and films. |
Copyright registration can be granted for inventions, processes, machines, pharmaceutical drugs, etc. |
|
Legislation |
Copyright registration is governed by the Copyright Act, 1957. |
Registration of patents is governed by the Patents Act, 1970. |
|
Validity |
A copyright remains valid for the lifetime of the author plus 60 years after their death. |
A patent remains valid for 20 years from the date of filing. After 20 years’ expiry, the patent enters the public domain. |
|
Requirement |
No formal registration is needed for receiving copyright protection. The protection is automatically granted upon work’s creation. Still, you can apply for copyright registration with the Copyright Office. |
Patent registration is mandatory to protect the intellectual property rights of an invention and to establish ownership. To obtain it, filing a formal application with the Indian Patent Office is required. |
Conclusion
Both copyright and patent are intellectual property types that protect works. Copyright provides protection for books, music and art. Patent offers protection for inventions and new ideas like machines or medicines. By understanding the difference between patent and copyright, you can decide which one is right for you! If you create or invent something new, make sure to get a copyright or patent to keep it safe!
Frequently Asked Questions (FAQs)
Q1. What was the thing to be patented in India?
A. A civil engineer named George Alfred DePenning patented "An Efficient Punkah Pulling Machine" on March 3, 1856, making it the first patent in India.
Q2. What are the three main types of patents?
A. The three main types of patents are utility patents, design patents and plant patents.
Q3. Which country became the first country to pass a copyright law?
A. In 1710, England became the first country to pass a copyright law called the Statute of Anne.
Q4. What was the first patent law in India?
A. The first patent law in India was Act VI of 1856.
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