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7 key differences between copyright and patent

All you need to know about the difference between copyright and patent

Introduction

After successfully establishing and operating a firm or making any discovery or invention, every business owner or person aspires for the smooth expansion of his enterprise or work. Although it’s nearly impossible as every now & then, they face difficulties. Precaution is always preferable to cure, as they say. Obtaining a copyright and patent is one of the most well-known and significant safeguards. Though the purpose of both is to protect the right, ownership but serves it differently. As per the Black Law Dictionary, there are types of intellectual property and the term means “a category of intellectual property rights which protects commercially valuable products of the human intellect”. The current blog will cover the meaning of patent and copyright and the difference between copyright and patent and the types of intellectual property. The main difference between them is one protects artistic work and the other one protects an invention.

What is a Patent?

A patent prevents innovations like solar cells, motors, batteries, etc. from being utilized or made by others. It is a privilege that is only awarded for the creation of novel goods or for the department of improved manufacturing methods. The patent gives the right to prohibit others from using, producing, or selling the invention for a specific time granted to the creator. Some requirements must be met for an invention to be granted a patent that are it must be novel and innovative, contain an inventive step, and be suitable for industrial use. They are a component of incorporeal rights as well and are governed by The Indian Patents and Designs Legislation, 2005.

What is Copyright?

Creative and intellectual works, such as literary, musical, and theatrical works, are protected by copyright. The Indian Copyrights Act, 1957 is the copyright legislation in India. The Act defines it as the exclusive right to conduct or authorize any act with relation to the work that is the subject matter of the copyright granted in that. This implies that the owner of the copyright has the right to make copies, distribute them in public, perform, translate, or modify the work, which can be literature, theatre, cinema, or artistic production.

What are the key differences between Copyright and Patent?

Sr. No.

Copyright

Patent

1

Copyright is a set of rights awarded to the author of an artistic work that prevents others from performing, selling, or making the work.

A patent registration is a type of legal document issued by the government to the creator for his intervention and that is for a specific amount of time which prevents others from creating, using, or selling the invention.

2

The copyright is granted for 60 years and even exists after the death of the owner.

Whereas, the patent is granted for 20 years from the date of the application filed.

3

Copyright may only be used in certain types of works, therefore its application is restricted. It is frequently used in artistic endeavors including poetry, music, cinema, visual arts, and photography.

Whereas the technological improvement that corresponds to originality and uniqueness is protected by a patent.

4

The Indian Copyright Act, 1957 governs the regulation or rules related to any artistic work or original work

On the contrary, the Indian Patents and Designs Act, 2005 governs the regulation, application or rules related to any invention, creation, etc.

5

The copyright is established as soon as the original work is produced, making protection automatic and without requiring any more steps to be taken.

On contrary, a patent has to be registered, which is done by submitting an application to the local or national patent office.

6

Copyright incorporates artistic and literary work which focuses on the expression

Whereas the patent stresses invention, ideas which are reduced to practice.

7

The Copyright Act prevents the duplication and reproduction of the original work.

Whereas patent uses preventative measures to stop others from selling and importing the patented goods while preventing others from stealing the idea behind the development.

Conclusion

The two types of intellectual property rights are patents and copyright. They often provide security for items with unique worth and a substantial influence on the outer world. The patent is only focused on protecting inventions, whereas copyright is restricted to creative works. Other differences are mentioned in the blog.

 

 

Team Ebizfiling

Ebizfiling.com is a leading online platform offering end-to-end business compliance solutions for startups, SMEs, and global companies. With a presence across India and international markets including the USA, UK, and Singapore, the company specializes in company/LLP incorporation, ITR and GST filings, legal advisory, and foreign subsidiary formation. Backed by experienced professionals including CAs, CSs, and legal experts, Ebizfiling delivers accurate, timely, and regulation-compliant services trusted by thousands of businesses. The platform aims to simplify complex compliance processes through technology, personalized support, and a deep understanding of Indian and global regulatory frameworks.

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