Patent vs. Proprietary — What's the Difference?
By Tayyaba Rehman — Updated on November 7, 2023
A patent is a government-granted right to exclude others from making a product; proprietary refers to ownership or characteristics unique to an owner.
Difference Between Patent and Proprietary
Table of Contents
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Key Differences
A patent is a form 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. Proprietary, on the other hand, refers to ownership or characteristics particular to an owner, encompassing all the rights that the owner has over their property.
Patents are granted by a sovereign state to an inventor and must be applied for. They are typically for a physical or abstract invention or process. The term "proprietary" does not involve a formal application or government granting process and can refer to any range of privately owned information, software, or technology that a party maintains control over.
The scope of a patent is defined by the claims of the patent application, which provide the protection afforded by the patent. Conversely, proprietary technology or information may simply be kept secret or closely held within a company, and the company claims it as proprietary to maintain a competitive edge.
While patents have a set expiration date after which the exclusive rights end, proprietary information can potentially remain under the control of its owner indefinitely, as long as it remains undisclosed to the public. This unlimited duration of control contrasts with the time-limited monopoly a patent provides.
Patents require disclosure of the invention to the public, and after the patent expires, the information enters the public domain. Proprietary information or technology, however, is often kept secret and doesn't necessarily become public information, maintaining its proprietary status as long as secrecy is maintained.
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Comparison Chart
Definition
A legal right granted for an invention.
Ownership or aspects unique to an owner.
Requirement
Application, examination, and disclosure.
No formal application or disclosure.
Duration
Time-limited (usually 20 years).
Can be indefinite, as long as kept secret.
Protection Scope
Defined by claims in the application.
Can be broader, not limited to specific claims.
Public Disclosure
Required for granting.
Not required, often kept confidential.
Compare with Definitions
Patent
To obtain a patent on an invention
They decided to patent the chemical compound before publication.
Proprietary
Indicating ownership or proprietary rights
She put a proprietary seal on all her books.
Patent
Relating to or denoting a patented article
The patent design was immediately recognizable.
Proprietary
Of a product, owned and marketed by a particular company
They released a proprietary software suite.
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.
Proprietary
Behaving as if one were the owner
He took a proprietary stance in managing the team's affairs.
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
Proprietary
Relating to an owner or ownership
The company has a proprietary right to the property
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
Proprietary
(of a product) marketed under and protected by a registered trade name
Proprietary brands of insecticide
Patent
Easily recognizable; obvious
She was smiling with patent insincerity
Proprietary
Of or relating to a proprietor or to ownership
Had proprietary rights.
Patent
(of a vessel, duct, or aperture) open and unobstructed; failing to close
The patient is usually left with a patent vessel
Proprietary
Privately owned, as a business
A proprietary hospital.
Patent
Made and marketed under a patent; proprietary
Patent milk powder
Proprietary
Owned by a private individual or corporation under a trademark or patent
A proprietary drug.
Patent
Obtain a patent for (an invention)
An invention is not your own until it is patented
Proprietary
A proprietor or group of proprietors.
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.
Proprietary
Ownership; proprietorship.
Patent
Letters patent.
Proprietary
A proprietary medicine.
Patent
An invention protected by such a grant.
Proprietary
One granted ownership of a proprietary colony.
Patent
A grant of publicly owned land, particularly to a homesteader.
Proprietary
Of or relating to property or ownership.
Proprietary rights
Patent
The official document of such a grant.
Proprietary
Owning something; having ownership.
The proprietary class
Patent
The land so granted.
Proprietary
Created or manufactured exclusively by the owner of intellectual property rights, as with a patent or trade secret.
The continuous profitability of the company is based on its many proprietary products.
Patent
An exclusive right or title.
Proprietary
Nonstandard and controlled by one particular organization.
A proprietary extension to the HTML standard for Web page structure
Patent
Protected or conferred by a patent or letters patent
A patent right.
Proprietary
Privately owned.
A proprietary lake; a proprietary chapel
Patent
Of, relating to, or dealing in patents
Patent law.
Proprietary
Possessive, jealous, or territorial.
Patent
(also pātnt) Obvious; plain
A patent injustice.
Proprietary
A proprietor or owner.
Patent
Not blocked; open
A patent duct.
Proprietary
A body of proprietors, taken collectively.
Patent
Spreading open; expanded
Patent sepals.
Proprietary
The rights of a proprietor.
Patent
Relating to or being a nonprescription drug or other medical preparation that is protected by a trademark.
Proprietary
A monk who had reserved goods and belongings to himself, notwithstanding his renunciation of all at the time of profession.
Patent
Of high quality. Used of flour.
Proprietary
(espionage) A company doing legitimate business while also serving as a front for espionage.
Patent
To obtain a patent on or for (an invention, for example).
Proprietary
A proprietor or owner; one who has exclusive title to a thing; one who possesses, or holds the title to, a thing in his own right.
Patent
To invent, originate, or be the proprietor of (an idea, for example).
Proprietary
A body proprietors, taken collectively.
Patent
To grant a patent to or for.
Proprietary
A monk who had reserved goods and effects to himself, notwithstanding his renunciation of all at the time of profession.
Patent
(law)
Proprietary
Belonging, or pertaining, to a proprietor; considered as property; owned; as, proprietary medicine.
Patent
An official document granting an appointment, privilege, or right, or some property or title; letters patent.
Proprietary
An unincorporated business owned by a single person who is responsible for its liabilities and entitled to its profits
Patent
(specifically)
Proprietary
Protected by trademark or patent or copyright; made or produced or distributed by one having exclusive rights;
`Tylenol' is a proprietary drug of which `acetaminophen' is the generic form
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
Patent
Legal exclusive rights to an invention
She obtained a patent for her software algorithm.
Patent
Evident, obvious
His disdain for the argument was patent in his dismissive response.
Patent
A document conferring such right
He proudly displayed the patent for his invention on the wall.
Common Curiosities
How long does a patent last?
Patents typically last up to 20 years from the filing date, depending on the type of patent.
What is needed to obtain a patent?
To obtain a patent, an inventor must apply, prove the invention is novel, non-obvious, and provide a detailed disclosure.
Can proprietary information become public?
Proprietary information can become public if the owner decides to disclose it, but it often remains confidential to maintain a competitive advantage.
Can a proprietary product be patented?
Yes, if the proprietary product meets all the patentability criteria, it can be patented.
What is a patent?
A patent is a legal right granted by the government that allows an inventor to exclude others from making, using, or selling an invention for a limited time.
What does proprietary mean?
Proprietary refers to ownership or the exclusive rights that someone has over their own innovations, products, or information.
Can a patent be renewed?
Generally, patents cannot be renewed once they expire, but maintenance fees can keep them in force during their term.
Does proprietary mean the same as confidential?
Not exactly. Proprietary refers to ownership, while confidential pertains to secrecy. However, proprietary information can be kept confidential.
Do all patents get approved?
No, patents must meet specific legal criteria and are subject to examination before they can be approved.
Is a patent a form of proprietary right?
Yes, a patent is a specific type of proprietary right that grants exclusive use of an invention for a time.
Is a patent public information?
Yes, patents are published and become public information once granted.
How does one protect proprietary information?
Proprietary information is protected through non-disclosure agreements, confidentiality policies, and other security measures.
What are proprietary rights?
Proprietary rights are the rights that an owner has over their intellectual property or trade secrets.
Can proprietary software be open source?
Typically not; proprietary software is usually closed source, with the owner controlling and restricting access to the source code.
What happens when proprietary information is leaked?
If proprietary information is leaked, it may lose its protected status, and the owner can potentially sue for damages.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
