Difference Between Copyright and Patent
Difference Between Copyright and Patent
| Aspect | Copyright | Patent |
|---|---|---|
| What it Protects | Original works of authorship such as literary, artistic, musical, and dramatic works (books, music, paintings, software code). | New inventions, processes, machines, manufactured items, or improvements thereof. |
| Subject Matter | Creative expressions fixed in a tangible medium (writing, recordings, software). | Functional inventions or technical solutions to problems. |
| Rights Granted | Exclusive rights to reproduce, distribute, perform, display, and create derivative works. | Exclusive rights to make, use, sell, and license the invention. |
| Duration | Life of the author plus 50-70 years (varies by country). | Usually 20 years from the filing date. |
| Registration | Automatic upon creation and fixation in tangible form; registration is optional but helpful for enforcement. | Requires a formal application and examination process; must be granted by a patent office. |
| Purpose | To protect creative expressions and encourage cultural and artistic development. | To encourage innovation by granting inventors exclusive commercial rights temporarily. |
| Requirement for Protection | Originality and fixation (no novelty or inventive step required). | Novelty, inventive step (non-obviousness), and industrial applicability required. |
| Scope of Protection | Protects the expression (form) of ideas, not the ideas themselves. | Protects the invention or idea itself and its practical application. |
| Enforcement | Copyright infringement occurs when someone copies or uses the work without permission. | Patent infringement occurs when someone makes, uses, or sells the patented invention without authorization. |
Sure! Here's a clear comparison between Copyright and Patent:
📊 Difference Between Copyright and Patent
| Aspect | Copyright | Patent |
|---|---|---|
| Purpose | Protects original literary, artistic, and creative works | Protects new inventions and technical innovations |
| What is Protected? | Literary works, music, films, software, paintings, sculptures, architectural works | New products, processes, machines, compositions of matter |
| Legal Basis | Copyright Act, 1957 (India) | Patents Act, 1970 (India) |
| Subject Matter | Expression of ideas in fixed form | Inventions that are novel, non-obvious, and useful |
| Duration of Protection | Life of author + 60 years (varies by work type) | 20 years from the filing date |
| Registration | Automatic on creation, but registration recommended | Registration required for protection |
| Rights Granted | Exclusive rights to reproduce, distribute, perform, adapt | Exclusive right to make, use, sell, license the invention |
| Scope of Protection | Protects form of expression, not ideas or facts | Protects functional and technical aspects of invention |
| Infringement | Copying or unauthorized use of protected work | Unauthorized making, using, selling, or importing patented invention |
| Example | Novels, movies, software, music | New drug formula, machinery, manufacturing process |
| International Treaties | Berne Convention | Patent Cooperation Treaty (PCT) |
Quick Summary:
Copyright protects creative expressions like books and music.
Patent protects innovative inventions and technical solutions.
Difference Between Patents and Trademarks
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