3/20/2018 Patent vs Copyright vs Trademark

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Copyright vs Trademark

Patent vs Copyright vs
Trademark
Patent, copyright and trademark are all types of intellectual property
rights that provide the creator an exclusive right over the use of his/her
creation of mind for a limited amount of time. Entrepreneurs who are
seeking to register intellectual property must know the differences
between the three and obtain the right registrations to protect his/her
intellectual property. In this article, we look at the differences between
patent, copyright and trademark in India.

What is Patent?
We're
Patent is an exclusive right for an invention provided by Online!
the law for a
limited time to the Patentee. By patenting an invention, the patentee is
How may I help
able to control the making, using, selling or importing of the patented
you today?
product or process for producing that product without his/her
consent. An invention relating either to a product or process that is
Chat nowcan
new, involving inventive step and capable of industrial application
be patented in India.
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3/20/2018 Patent vs Copyright vs Trademark

What is Copyright?
Copyright is a right given by the law to creators of literary, dramatic,
musical and artistic works and producers of cinematograph films and
sound recordings. Copyright does not protect brands or names, short
word combinations, slogans, short phrases, methods, plots or factual
information. Copyright also does not protect ideas or concepts.
Therefore, copyright is mainly used to protect the creativity of writers,
artists, designers, dramatists, musicians, architects and producers of
sound recordings, cinematograph films and computer software.

What is Trademark?
Trademark is a visual symbol which may be a word signature, name,
device, label, numerals or combination of colours used by one
Enterprise on goods or services or other articles of commerce to
distinguish it from other similar goods or services originating from a
different undertaking. Hence, trademarks are mostly used to protect
brand names, business names, slogans and more.

Difference between Patent,

Copyright and Trademark
Patent, Copyright and Trademark serve different and distinct uses. The
validity of their life and requirement for application also vary as follows:

Main Use
Patent: Patents are mainly used to secure invention relating either to a
product or process that is new which is capable of having industrial
application. Softwares and business ideas cannot be patented in India.
Know more about software patent in India
(https://www.indiafilings.com/learn/how-to-get-patent-for-
software/).

The following are items NOT patentable in India as per Section 3

of the Patent Act, 1970:

1. An invention which is frivolous or which claims anything obviously

contrary to well established natural laws;
2. An invention the primary or intended use or commercial
exploitation of which could be contrary to public order or morality
or which causes serious prejudice to human, animal or plant life or
health or to the environment;
3. The mere discovery of a scientific principle or the formulation of an
abstract theory or discovery of any living thing or non-living
substance occurring in nature;
4. The mere discovery of a new form of a known substance which
does not result in the enhancement of the known efficacy of that

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3/20/2018 Patent vs Copyright vs Trademark

substance or the mere discovery of any new property or new use

for a known substance or of the mere use of a known process,
machine or apparatus unless such known process results in a
new product or employs at least one new reactant.
5. A substance obtained by a mere admixture resulting only in the
aggregation of the properties of the components thereof or a
process for producing such substance;
6. The mere arrangement or re-arrangement or duplication of known
devices each functioning independently of one another in a known
way;
7. A method of agriculture or horticulture;
8. Any process for the medicinal, surgical, curative, prophylactic
diagnostic, therapeutic or other treatment of human beings or any
process for a similar treatment of animals to render them free of
disease or to increase their economic value or that of their
products.
9. Plants and animals in whole or any part thereof other than micro-
organisms but including seeds, varieties and species and
essentially biological processes for production or propagation of
plants and animals;
10. A mathematical or business method or a computer programme
per se or algorithms;
11. A literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and
television productions;
12. A mere scheme or rule or method of performing mental act or
method of playing game;
13. A presentation of information;
14. Topography of integrated circuits;
15. An invention which in effect, is traditional knowledge or which is
an aggregation or duplication of known properties of traditionally
known component or components.

Copyright: Copyright is mainly used to secure literary, dramatic,

musical and artistic works including cinematograph films and sound
recordings. A software or programme or tables and databases can be
registered as a ‘literary work’ under the Copyright Act. However to
obtain a copyright for the software, the source code for the software
must be submitted to the Copyright Office along with the application.

Trademark: Trademarks are mostly used by individuals, commercial

and non-commercial entities to protect brand names, business names,
slogans and more. An idea or concept or software cannot be
trademarked. However, a unique name given to a software or idea or
concept can be trademarked.

Registrar
The review and acceptance of patent and trademark applications are
controlled by the Controller General of Patents, Designs and
Trademarks, Ministry of Commerce and Industry. The review and

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3/20/2018 Patent vs Copyright vs Trademark

acceptance of Copyright applications is controlled by the Copyright

Office, Department of Higher Education, Ministry of Human Resource
Development.

Validity
Patent: Patent registrations have a validity of 20 years from the date of
filing of patent application, irrespective of whether it is filed with
provisional or complete specification. In case the Patent Application is
filed 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 date of international filing.

Copyright: The general rule is that copyright lasts for 60 years. In the
case of original literary, dramatic, musical and artistic works the 60-
year period is counted from the year following the death of the author.
In the case of cinematograph films, sound recordings, photographs,
posthumous publications, anonymous and pseudonymous
publications, works of government and works of international
organisations, the 60-year period is counted from the date of
publication.

Trademark: Trademark registrations are valid for a period of 10 year

from date of application. A registered trademark’s validity can be
extended at the end of ten years by filing a trademark renewal
application.

To register a trademark (https://www.indiafilings.com/trademark-

registration) or copyright in India
(http://www.indiafilings.com/copyright-registration.php), visit
IndiaFilings.com or talk to an IndiaFilings Business Expert.

Want to Consult a Trademark Expert?

IndiaFilings provides the entire range of services
required to register and maintain protection for
your intellectual property assets. We can help you
register trademarks, copyrights, designs and
patents. We can also help you with trademark
objection or trademark opposition.

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