Difference between Copyright and Patent

Copyright and Patent are two types of legal protections for intellectual property. Copyright protects original works of authorship, such as books, music, and software. It gives creators exclusive rights to reproduce and distribute their works. On the other hand, a Patent protects inventions, processes, or designs. It grants inventors the exclusive right to use and sell their creations for a limited time. Both Copyright and Patent aim to encourage innovation and creativity by providing creators and inventors with legal rights and protections for their work.

What is Copyright?

Copyright is a legal concept that gives the creators of original works exclusive rights over their creations. These creations can include things like books, music, art, software, and more. With copyright protection, creators have the sole right to reproduce, distribute, perform, display, or adapt their work. This means others cannot use or profit from their creations without permission. The government has implemented the Copyright Act, 1957 in India to protect the original author of work and to provide a remedy in case anyone tries to copy their work. Copyright is automatically granted to creators as soon as their work is created and fixed in a tangible form, such as writing it down or recording it. However, creators can also choose to register their copyright with government authorities for additional legal protection. Copyright ensures that creators can benefit financially from their work and have control over how it is used or shared. It’s an essential tool for protecting Intellectual Property and encouraging creativity and innovation in various fields.

Additionally, India has signed the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which addresses Intellectual Property Rights (IPR) related to trade, and is also a member of the Rome Convention of 1961. The government of our country has amended the Copyright Act, 1957 thrice till now and the latest amendment in the act came in 2012. After this amendment, the government ensures that by this act they not only provide protection to the original creators of the work but also promote creativity, innovation, and cultural development in the society.

What is Patent?

A Patent is a legal protection provided by the government to inventors for their creations. It grants them exclusive rights to their invention, meaning others cannot use, sell, or distribute it without their permission. To obtain a patent, inventors must file a formal application with the relevant government authority, disclosing all details about their invention. The application undergoes examination to ensure the invention meets certain criteria, including novelty, usefulness, and non-obviousness. If granted, a patent provides the inventor with the exclusive right to exploit their invention for a limited period, usually 20 years from the filing date. Patents encourage innovation by rewarding inventors with the opportunity to profit from their ideas and giving them a competitive advantage in the marketplace.

Section 2 (m) of the Patents Act, 1970 defines the term Patent as “a patent for any invention granted under this act. The main objective of the Patents Act, 1970 is to protect and safeguard the intellectual products.”

Difference between Copyright and Patent

Basis	Copyright	Patent
Meaning	Copyright protects the original works of authors, like books, music, and art.	Patents protect inventions, processes, and designs.
Duration	Copyright protection typically lasts for the life of the author plus 60 years.	Patent protection lasts for 20 years from the filing date, usually.
Requirements	Copyright requires that the work be original and fixed in a tangible medium.	Patents necessitate that the invention be novel, useful, and non-obvious.
Application	Copyright protection is generally automatic upon creation.	Patents require a formal application process and examination.
Scope of Protection	Copyright prevents unauthorized copying, distribution, display, and adaptation.	Patents prevent others from making, using, or selling the patented invention without permission.
Enforcement	Copyright can be enforced through civil lawsuits for infringement.	Patents can be enforced through civil lawsuits for infringement.
Cost and Complexity	Copyright is typically less expensive and simpler to obtain.	Patents are generally more expensive and complex to obtain.
Public Disclosure	Copyright protection does not require public disclosure.	Patents require public disclosure in the patent application.

Conclusion

In conclusion, Copyright and Patent protections play essential roles in intellectual property law, each serving a specific purpose in safeguarding creative works and innovations. Copyright protects original artistic and literary creations, while patents safeguard novel inventions and processes. Creators and inventors must grasp these distinctions to navigate the legal landscape effectively. Both copyright and patent provisions encourage innovation by granting exclusive rights, allowing creators and inventors to benefit from their creations and discoveries.

Frequently Asked Questions (FAQs)

1. Do one need to register for Copyright protection?

Answer:

No, copyright protection is automatic upon the creation of your work. However, registering your copyright with the appropriate authorities can provide additional legal benefits and evidence of ownership.

2. How long does Copyright protection last?

Answer:

Copyright protection typically lasts for the life of the author plus an additional 60 years. After this period, it enters the public domain and can be freely used by anyone.

3. What can I do if someone infringes my copyright?

Answer:

If someone infringes your copyright by using your work without permission, you can take legal action. This may involve sending a cease-and-desist letter, filing a lawsuit for damages, or seeking an injunction to stop the infringement.

4. How do I obtain a Patent for my invention?

Answer:

To obtain a patent for your invention, you need to file a formal patent application with the relevant government authority. The application must include a detailed description of your invention and demonstrate its novelty, usefulness, and non-obviousness.

5. What rights does a Patent grant?

Answer:

A patent grants you exclusive rights to your invention, meaning others cannot make, use, sell, or distribute it without your permission. This typically lasts for 20 years from the filing date of the patent application.

Also refer to:

• Difference between Copyright and Trademark
• Difference Between Trademark and Patent