The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences.
The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences.
While my work focuses almost exclusively on trademark protection, a question that comes up all the time is “What’s the difference between a copyright, a trademark, and a patent?”
Patent covers inventions that are novel, original, and have some sort of industrial utility, such as equipment or machinery. A patent registration generally lasts for 20 years from the time the application was filed. While it has a shorter lifespan compared to other types of intellectual property, it has tremendous protection when registered. For patents, there is no symbol, but you will often see fine print about patent pending or patent registration number.
A trademark is anything that indicates the source of a product or service and helps differentiate it from competitors, products, or services. The vast majority are brand names, logo, and slogans. Trademarks get registered with the USPTO. A trademark registration can last for an unlimited amount of time, making it unique compared to the other forms of intellectual property. A trademark registration can be renewed over and over again, as long as the mark is still in use with the relevant products or services. A trademark registration can use the ® symbol.
Copyrights cover creative expressions and works, such as film, literature, art, photography, or music. Copyrights are registered with the Library of Congress. A copyright generally lasts the life of the author plus 70 years. The copyright symbol is generally the © followed by the year of creation and the name of the owner. For example, a proper copyright notice for my podcast would be © 2024, Eric M Pelton and Associates, PLLC.
Those are some of the key fundamentals. It can get complicated when there’s overlap if a business or a product has elements that are protected by each of these concepts of intellectual property. For example, the Coca-Cola name and logo are registered trademarks of Coca-Cola. The commercials that they run – the content of those commercials and advertisements is a copyrighted work protected by copyright. And Coke also owns patents for things related to its bottling processes and other mechanics that relate to how Coca-Cola is made and bottled.
Another example is iPhone, the name iPhone, and the Apple name and logo are well-known registered trademarks protecting the brand for the phone and the manufacturer. But within the iPhone – the software and possibly the graphics for apps and icons could potentially be copyright protection and registered copyright works. Some of the chips, cameras, and mechanical features that make up the iPhone could be patentable inventions and devices. So within one product or service, there can be more than one type of intellectual property. That’s why intellectual property is really a portfolio of possible protections and rights that a business can have. And having one doesn’t mean that you can’t have the others. Sometimes those things can blur and overlap.