Patent vs Copyright vs Trademark-Patent, copyright, and trademark are all kinds of intellectual property rights that, for a limited amount of time, give the creator an exclusive right to use his / her mind creation. Entrepreneurs seeking intellectual property registration must understand the differences between the three and receive the correct certifications to safeguard their intellectual property. We look at the distinctions in India between patent, copyright, and trademark in this article.
What is Patent?
A patent is an exclusive right to the Patented for a restricted period for an invention given by law. By patenting a design, the patent proprietor can regulate, without his / her permission, the manufacture, use, sale or import of the copyrighted item or method for the production of that product. A discovery relating either to a product or process that is new, involving an innovative step and capable of automated application can be patented in India.
What is Copyright?
Copyright is a right conferred by law to creators of literary, dramatic, musical and artistic works and film and sound recording manufacturers. Copyright does not safeguard brands or names, combinations of brief words, slogans, concise sentences, techniques, plots or factual data. Copyright does not protect thoughts or concepts either. Copyright is therefore used primarily to safeguard the creativity of authors, artists, designers, dramatists, musicians, architects, and sound recording manufacturers, filmmakers, and computer software.
What is a Trademark?
Trademark is a visual sign that can be a word signature, name, device, label, numerals or colour mixture used by one company on products or services or other commercial items to differentiate it from other comparable products or services originating from another company. Trademarks are therefore mostly used to protect brand names, company names, slogans and more.
Trademark Class
Difference between Patent, Copyright, and Trademark
Patent, copyright, and mark serve a variety of different uses. The validity of their lifetime and implementation requirements also differ as follows:
Main Use
License: Patents are used primarily to secure invention concerning either a fresh product or method capable of industrial application. In India, it is not probable to patent software and business ideas. Learn more about patenting software in India.
The following are things NOT patent-able in India as per Section 3 of the Patent Act, 1970:
1. An invention that is frivolous or that claims anything that goes against well-established natural laws
2. A device whose primary or designed use or business exploitation may be contrary to public order or morality or cause severe harm to the human, animal or plant life or health or the environment
3. The mere process of a scientific principle or the formulation of an abstract theory or the innovation in nature of any living or non-living substance ;
4. The small development of a new form of a known material that does not result in the enhancement of that substance’s known efficacy or the mere discovery of any new property or further use for a known content or the small purpose of a known method, machine or equipment unless such known process results in a new product or employs at least one new reactant.
5. A substance acquired through a mere admixture resulting only in the aggregation of its component characteristics or a mechanism for the production of such content;
6. The small arrangement or rearrangement or duplication of known instruments that each operate in a known manner independently of each other
7. An agricultural or horticultural technique ;
8. Any method for human being’s medicinal, surgical, curative, prophylactic, therapeutic or other therapy or any technique for comparable animal treatment to make them disease-free or to boost their economic value or that of their products.
9. Whole or any portion of plants and animals other than micro-organisms, but including seeds, varieties and species and fundamentally biological procedures for plant and animal production or propagation ;
10. A mathematical or business method or algorithms per se a computer program ;
11. A literary, musical, dramatic, or artistic work or any other aesthetic creation, including film and TV productions ;
12. A mere plan or rule or process of mental acting or playing gameplay ;
13. A presentation of information;
14. Integrated circuit topography ;
15. An invention that is traditional knowledge or that aggregates or duplicates known characteristics of traditionally recognized parts or elements.
Copyright: Copyright is used primarily to safeguard literary, dramatic, musical and artistic works including film and sound recording. Under the Copyright Act, software or program or tables and databases may be recorded as a’ literary job.’ However, the source code for the software must be presented to the Copyright Office along with the request to acquire copyright for the software.
Trademark: Trademarks are mostly used to safeguard brand names, company names, slogans, and more by individuals, commercial and non-commercial organizations. It is not possible to mark an idea or concept or software. However, it is possible to pronounce a distinctive name provided to software or idea or notion.
Registrar
The Controller General of Patents, Designs, and Trademarks, Department of Commerce and Industry, handles the review and approval of patent and trademark applications. The analysis and approval of Copyright applications are managed by the Copyright Office, Department of Education, Ministry of Human Resource Development.
Validity
Patent: Patent registrations have a validity of 20 years from the date of filing of the patent application, irrespective of whether it is filed with provisional or complete specification. In case the Patent Application is registered under the However, in case of international patent applications filed under PCT, the validity of the patent is for a term of 20 years beginning from the date of foreign filing.
Copyright: The general law is 60 years of copyright. The 60 years is counted from the year after the author’s death in the case of original literary, dramatic, musical and artistic works. For movies, sound recordings, pictures, posthumous publications, anonymous and pseudonymous publications, public works and works of international organizations, the 60 years from the date of publishing is counted.
Trademark: Trademark registration is valid from the date of implementation for ten years. The validity of a registered trademark may be expanded by filing a trademark renewal request at the end of ten years.
For More Information Click Here: https://www.letscomply.com/patent-vs-copyright-vs-trademark/
Contact Us:
+91-97-1707-0500
[email protected]
https://www.letscomply.com/