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Patent vs Copyright vs Trademark

Patent, copyright, and trademark represent different forms of intellectual property rights that grant creators exclusive rights over the use of their innovations for a limited period. Entrepreneurs aiming to register intellectual property in India must be aware of the distinctions among these three and ensure the right registrations to safeguard their intellectual property. This article explores the differences between patent, copyright, and trademark in India.

What is a Patent?

A patent is an exclusive right granted by law for an invention, valid for a limited time, to the patentee. By patenting an invention, the patentee controls the making, using, selling, or importing of the patented product or process without consent. In India, inventions related to a product or process that are new, involve an inventive step, and are capable of industrial application can be patented.

What is Copyright?

Copyright is a legal right given to creators of literary, dramatic, musical, and artistic works, as well as producers of cinematograph films and sound recordings. Copyright does not protect brands, short word combinations, slogans, or factual information, but mainly serves to protect creativity in works by writers, artists, designers, dramatists, musicians, architects, and producers. To learn more about the intricacies of copyright and trademark, please visit our resource.

What is a Trademark?

A trademark is a visual symbol such as a word, signature, name, device, label, numerals, or a combination of colors used by one enterprise on goods or services to distinguish them from similar goods or services offered by others. Trademarks are primarily used to protect brand names, business names, and slogans. For detailed information about the trademark registration procedure and understanding how to execute the process efficiently, follow the link.

Differences Between Patent, Copyright, and Trademark

Patent, copyright, and trademark serve distinct purposes, each with its own validity period and application requirements. The differences are outlined below:

Main Use

Patent: Patents secure inventions relating to a product or process that is new and capable of industrial application. Software and business methodologies cannot be patented in India. For more on what's not patentable, explore our guide on the difference between patent and trademark.

Copyright: Copyright mainly protects literary, dramatic, musical, and artistic works, including cinematograph films and sound recordings. Software, tables, and databases can be registered as ‘literary works’ under the Copyright Act.

Trademark: Trademarks protect brand names and slogans used commercially. While ideas or software cannot be trademarked, unique names associated with them can be protected through a logo trademark registration.

Registrar

The examination of patent and trademark applications is performed by the Controller General of Patents, Designs, and Trademarks, Ministry of Commerce and Industry, while the Copyright Office, under the Department of Higher Education, Ministry of Human Resource Development, manages the review of copyright applications. For checking your trademark registration status, be sure to visit our registration status page.

Validity

Patent: Patent registrations are valid for 20 years from the date of the patent application filing. In international applications under PCT, this period begins from the date of international filing. For a comprehensive understanding of trademark classes and their implications, please check our trademark class finder guide.

Copyright: Copyright typically lasts 60 years. For original artistic works, the period is counted from the year following the author's death, and for other specific works, from the date of publication.

Trademark: Trademark registrations hold a validity of 10 years from the application date and can be renewed by filing a renewal application. For further information on trademark registration, visit our registration page.

To register a trademark or copyright in India, visit IndiaFilings.com or consult with an IndiaFilings Business Expert.

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Frequently asked questions

Common questions about Difference Between Trademark, Copyright and Patent.

What is the difference between a patent, copyright, and trademark?
A patent is an exclusive right granted for an invention related to a product or process that is new, involves an inventive step, and is capable of industrial application. Copyright protects literary, dramatic, musical, and artistic works, as well as sound recordings and films. A trademark is a visual symbol, such as a word, name, device, or combination of colors, used to distinguish goods or services from different enterprises.
What types of works can be protected by copyright?
Copyright protects literary, dramatic, musical, and artistic works, including books, poems, plays, songs, paintings, sculptures, photographs, and films, as well as sound recordings and computer software (as a literary work).
Can software or business ideas be patented in India?
No, software and business ideas cannot be patented in India. The items not patentable in India include computer programs per se, mathematical or business methods, and algorithms.
How long does a patent remain valid in India?
Patent registrations in India have a validity of 20 years from the date of filing the patent application, irrespective of whether it is filed with a provisional or complete specification.
What is the validity period for a trademark registration in India?
Trademark registrations in India are valid for a period of 10 years from the date of application. A registered trademark's validity can be extended at the end of ten years by filing a trademark renewal application.
Can traditional knowledge or aggregations of known properties be patented?
No, an invention which is traditional knowledge or an aggregation or duplication of known properties of traditionally known components cannot be patented in India.
What is the validity period for copyright in India?
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60-year period is counted from the year following the death of the author.
Can ideas or concepts be trademarked?
No, ideas or concepts cannot be trademarked. However, a unique name given to a software, idea, or concept can be trademarked.
Which authority reviews and accepts patent and trademark applications in India?
The review and acceptance of patent and trademark applications are controlled by the Controller General of Patents, Designs, and Trademarks, Ministry of Commerce and Industry.
Can methods of agriculture or horticulture be patented in India?
No, methods of agriculture or horticulture cannot be patented in India according to the Patent Act, 1970.