The terms patent, copyright, and trademark are all used in the context of intellectual property. Intellectual property rights are rights granted to people based on the creations of their minds. They usually grant creators exclusive rights to use their work for a certain period of time. After the application of the idea in reality, whatever that is made/the end result (output) is what is protected with a copyright, patent, or trademark.
People usually get confused between the Intellectual property rights that are available to them. In this blog, we will understand the difference between Copyright, Patent and Trademark.
Copyright protects original works of authorship as soon as an author implements his idea and gives it a form. Exclusive rights over the copyright are created the moment the authorship creates the work.
There a various types of works defined under the Copyright Law, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays etc. Copyright laws preserve the expression of ideas rather than the idea themselves.
Once the idea is implemented and output is formed, copyright exists automatically, but a copyright owner can take steps to strengthen the protections. The most crucial step is to register the work. Although registration of a work is not required, registration is required to enforce the exclusive rights of copyright through litigation. If a lawsuit is filed, timely registration allows copyright owners to seek certain types of monetary damages.
How to apply:
- File the online application with all necessary attachments.
- Get a filing number and receipt
- Examination by the office
- Attending to any official objections (if any)
- Hearing by the Registrar in case of Objection
- Registration approved and Registration Certificate granted
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
Patent registration helps in limiting competition in the market for commercialising a specific invention. It serves the inventor. A patent ensures that you will be able to profit from your hard work. Patent registration prevents others from infringing on the inventor’s monopoly. When the investor decides to license his product, this right gives him an advantage in the royalty negotiations. In general, licencing means that someone else will manufacture and sell the invention in the market, sharing a portion of the royalty with the inventor. Basically, the inventor has a monopoly over Selling, Using, Creating, Distributing, Importing and Exporting their invention.
How to apply:
- Disclosure of the Invention
- Research and Patent-ability check
- Filing of application
- Examination of the patent by the Indian Patent office
- Grant of Patent
A patent application is to be filed with the Indian Patent Office with either a full specification or a provisional specification, as well as the fee specified in Schedule I. If the application is filed with a provisional specification, the complete specification must be filed within 12 months of the application’s filing date. After the expiration of the specified period, there is no extension of time to file a complete specification.
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. A trademark serves a brand and protects a company’s good or service from infringement or potential damage to its reputation by another company.
It is recommended to register your trademark because it prevents others from infringing your mark and misrepresenting other products as yours. Trademarks help users in recognize the brand and improve its value.
- Trademark Search and Availability Check
- Documentation and Preparation of Trademark Application
- Filing of Trademark Application
- Start using the trademark with the “TM” mark
- Get the Trademark Registration Certificate
People’s awareness of intellectual property rights has increased dramatically over the years. Almost every business deals with intellectual property rights and needs to protect them because they protect a company’s or business valuable assets. From the company’s brand name to any invention it has made, to the website it owns; patent, trademark, and copyright not only secure the rights, but they also act as an incentive for better creative expression and are a major stimulus for inspiring people to invest in research and development projects around the world. Intellectual property is a wealth-creating machine that provides an individual or company with legitimate ownership whilst also projecting the image of a trustworthy organisation. Today, every business relies on intellectual property rights and spends millions of dollars to protect its intellectual properties.
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