Patent, copyright and trademark are all types of intellectual property rights that provide the creator an exclusive right over the use of his/her creation of mind for a limited amount of time. Entrepreneurs who are seeking to register intellectual property must know the differences between the three and obtain the right registrations to protect his/her intellectual property. In this article, we look at the differences between patent, copyright and trademark in India.
Patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented in India.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright does not protect brands or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright also does not protect ideas or concepts. Therefore, copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software.
Trademark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one Enterprise on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Hence, trademarks are mostly used to protect brand names, business names, slogans and more.