Patent vs. Copyright — What's the Difference?
By Urooj Arif & Fiza Rafique — Updated on April 1, 2024
A patent protects inventions or discoveries for a limited time, emphasizing utility and innovation, while copyright protects original works of authorship like books and music, focusing on creative expression.
Difference Between Patent and Copyright
Table of Contents
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Key Differences
Patents grant inventors exclusive rights to their inventions, allowing them to prevent others from making, using, or selling the invention for a certain period, typically 20 years. This legal protection encourages innovation by providing a temporary monopoly in exchange for public disclosure of the invention. On the other hand, copyright protects original works of authorship, including literary, musical, dramatic, and artistic works, by preventing unauthorized reproduction, distribution, or performance, typically lasting the author's life plus 70 years.
While patents require a detailed application process, including proof of novelty and non-obviousness, copyrights are automatically granted upon creation of the work without the need for registration, although registration can provide additional legal benefits. This fundamental difference highlights the emphasis on technical innovation for patents versus creative expression for copyrights.
Patent protection is subject to rigorous examination processes by patent offices to ensure the invention is novel, useful, and non-obvious. Conversely, copyright does not require such examination, as the protection covers the form of expression rather than the content or idea itself.
The scope of protection differs significantly; patents cover the functional aspects of inventions, allowing for a wide range of applications, including mechanical devices, chemicals, and processes. Copyright, however, is limited to the protection of the expression of ideas, not the ideas themselves, thus not covering facts, systems, or methods of operation.
In terms of international protection, patents must be filed in each country where protection is sought, following specific national laws. Copyright protection, however, is somewhat more straightforward internationally, thanks to treaties like the Berne Convention, which provide automatic recognition among member countries.
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Comparison Chart
Protection Focus
Inventions and discoveries
Original works of authorship
Duration
20 years from filing date
Author's life + 70 years
Requirements
Novelty, usefulness, non-obviousness
Originality, fixation in a tangible medium
Application Process
Required, with examination
Automatic upon creation, registration optional
Protected Aspects
Functional aspects of inventions
Expression of ideas, not the ideas themselves
Compare with Definitions
Patent
Limited duration.
The patent will expire 20 years after the filing date.
Copyright
Automatically granted.
The photographer's copyright is automatic upon taking the picture.
Patent
A legal right granted for an invention.
He obtained a patent for his new solar panel design.
Copyright
Protects creative expressions.
Copyright law protects his song from being used without permission.
Patent
Protects functional aspects.
The patent covers the unique mechanism of the device.
Copyright
Allows control over reproduction.
Copyright gives the artist control over how their work is reproduced.
Patent
Requires a detailed application.
Filing a patent application involves disclosing how the invention works.
Copyright
A legal right granted to the creators of original works.
She holds the copyright to her novel.
Patent
Grants exclusive rights.
With a patent, she can stop others from manufacturing her invention.
Copyright
Lasts beyond the creator's lifetime.
His copyright will last until 70 years after he went.
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights.
Copyright
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form.
Patent
A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention
He took out a patent for an improved steam hammer
Copyright
The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
Patent
Patent leather
Designs in a wide range of textures featuring super-chic patent, soft suede, or sophisticated nappa
He wore black trousers and black patent shoes
Copyright
Of or relating to a copyright
Copyright law.
A copyright agreement.
Patent
Easily recognizable; obvious
She was smiling with patent insincerity
Copyright
Protected by copyright
Permission to publish copyright material.
Patent
(of a vessel, duct, or aperture) open and unobstructed; failing to close
The patient is usually left with a patent vessel
Copyright
To secure a copyright for.
Patent
Made and marketed under a patent; proprietary
Patent milk powder
Copyright
(uncountable) The right by law to be the entity which determines who may publish, copy and distribute a piece of writing, music, picture or other work of authorship.
Copyright is a separate legal area from trademarks.
Patent
Obtain a patent for (an invention)
An invention is not your own until it is patented
Copyright
(countable) Such an exclusive right as it pertains to one or more specific works.
The artist lost the copyrights to her songs when she signed the contract.
The images are still copyright of the original artist.
Patent
A grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time.
Copyright
A violation of copyright law; copyright infringement.
Patent
Letters patent.
Copyright
To obtain or secure a copyright for some literary or other artistic work.
Patent
An invention protected by such a grant.
Copyright
The right of an author or his assignee, under statute, to print and publish his literary or artistic work, exclusively of all other persons. This right may be had in maps, charts, engravings, plays, and musical compositions, as well as in books.
Patent
A grant of publicly owned land, particularly to a homesteader.
Copyright
To secure a copyright on.
Patent
The official document of such a grant.
Copyright
A document granting exclusive right to publish and sell literary or musical or artistic work
Patent
The land so granted.
Copyright
Secure a copyright on a written work;
Did you copyright your manuscript?
Patent
An exclusive right or title.
Patent
Protected or conferred by a patent or letters patent
A patent right.
Patent
Of, relating to, or dealing in patents
Patent law.
Patent
(also pātnt) Obvious; plain
A patent injustice.
Patent
Not blocked; open
A patent duct.
Patent
Spreading open; expanded
Patent sepals.
Patent
Relating to or being a nonprescription drug or other medical preparation that is protected by a trademark.
Patent
Of high quality. Used of flour.
Patent
To obtain a patent on or for (an invention, for example).
Patent
To invent, originate, or be the proprietor of (an idea, for example).
Patent
To grant a patent to or for.
Patent
(law)
Patent
An official document granting an appointment, privilege, or right, or some property or title; letters patent.
Patent
(specifically)
Patent
A specific grant of ownership of a piece of real property; a land patent.
Patent
(by extension) A product in respect of which a patent (sense 1.2.2) has been obtained.
Patent
(uncountable) shoes]]
Patent
(figuratively)
Patent
A licence or (formal) permission to do something.
Patent
A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly.
Patent
(gambling) The combination of seven bets on three selections, offering a return even if only one bet comes in.
Patent
To (successfully) register (a new invention) with a government agency to obtain the sole privilege of its manufacture, sale, and use for a specified period.
Patent
To obtain (over a piece of real property) a specific grant of ownership.
Patent
To be closely associated or identified with (something); to monopolize.
Patent
Conspicuous; open; unconcealed.
Patent
(baking) Of flour: fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.
Patent
(medicine) Open, unobstructed; specifically, especially of the ductus arteriosus or foramen ovale in the heart, having not closed as would have happened in normal development.
She has a patent ductus arteriosus that will require surgery to close.
Patent
Of an infection: in the phase when the organism causing it can be detected by clinical tests.
Patent
Explicit and obvious.
Those claims are patent nonsense.
Patent
(archaic)
Patent
Especially of a document conferring some privilege or right: open to public perusal or use.
Letters patent
Patent
Appointed or conferred by letters patent.
Patent
(botany) Of a branch, leaf, etc.: outspread; also, spreading at right angles to the axis.
Patent
(law) Protected by a legal patent.
A patent right
Patent medicines
Patent
To which someone has, or seems to have, a claim or an exclusive claim; also, inventive or particularly suited for.
Patent
Open; expanded; evident; apparent; unconcealed; manifest; public; conspicuous.
He had received instructions, both patent and secret.
Patent
Open to public perusal; - said of a document conferring some right or privilege; as, letters patent. See Letters patent, under 3d Letter.
Patent
Appropriated or protected by letters patent; secured by official authority to the exclusive possession, control, and disposal of some person or party; patented; as, a patent right; patent medicines.
Madder . . . in King Charles the First's time, was made a patent commodity.
Patent
Spreading; forming a nearly right angle with the steam or branch; as, a patent leaf.
Patent
A letter patent, or letters patent; an official document, issued by a sovereign power, conferring a right or privilege on some person or party.
Four other gentlemen of quality remained mentioned in that patent.
Patent
The right or privilege conferred by such a document; hence, figuratively, a right, privilege, or license of the nature of a patent.
If you are so fond over her iniquity, give her patent to offend.
Patent
To grant by patent; to make the subject of a patent; to secure or protect by patent; as, to patent an invention; to patent public lands.
Patent
A document granting an inventor sole rights to an invention
Patent
An official document granting a right or privilege
Patent
Obtain a patent for;
Should I patent this invention?
Patent
Grant rights to; grant a patent for
Patent
Make open to sight or notice;
His behavior has patented an embarrassing fact about him
Patent
(of a bodily tube or passageway) open; affording free passage;
Patent ductus arteriosus
Patent
Clearly apparent or obvious to the mind or senses;
The effects of the drought are apparent to anyone who sees the parched fields
Evident hostility
Manifest disapproval
Patent advantages
Made his meaning plain
It is plain that he is no reactionary
In plain view
Common Curiosities
How long does a patent last?
Typically 20 years from the filing date.
Can ideas be patented or copyrighted?
Ideas cannot be patented or copyrighted; patents protect inventions, and copyrights protect the expression of ideas.
Can a product be both patented and copyrighted?
Yes, for different aspects: patents for the functional design and copyrights for the artistic expression.
How do I know if my invention is patentable?
It must be new, useful, and non-obvious.
Is international patent protection automatic?
No, patents must be filed in each country where protection is desired.
What is the main difference between a patent and a copyright?
Patents protect inventions, while copyrights protect original works of authorship.
Can a patent be renewed after 20 years?
Generally, no, but there are exceptions for specific types of patents.
Do I need to register for copyright protection?
No, copyright is automatic upon creation, but registration can provide legal advantages.
What does "copyright life plus 70 years" mean?
Copyright lasts for the life of the author plus 70 years after their death.
Do copyrights protect against all types of copying?
They protect against unauthorized reproduction, distribution, and adaptation, but not against independent creation or factual information.
What happens when a patent expires?
The invention enters the public domain and can be freely used by anyone.
Can a patented product be sold without the patent holder’s permission?
No, selling a patented product without permission would infringe on the patent rights.
Can copyright protection be extended?
No, once the term expires, the work enters the public domain.
Are software inventions patentable?
Yes, in many jurisdictions, software can be patented if it meets certain criteria.
Is it illegal to use copyrighted material without permission?
Generally, yes, unless it falls under fair use or another exemption.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
