Patent vs. Copyright

By Jaxson

Main Difference

The main difference between Patent and Copyright is that the Patent is a set of exclusive rights granted by a sovereign state to an inventor or their assignee so that he has a temporary monopoly and Copyright is a legal concept

  • Patent

    A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing 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 civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.Under the World Trade Organization’s (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.

  • Copyright

    Copyright is the exclusive right given to the creator of a creative work to reproduce the work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

    Some jurisdictions require “fixing” copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.Copyrights can be granted by public law and are in that case considered “territorial rights”. This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works “cross” national borders or national rights are inconsistent.Typically, the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without formal registration.

  • Patent (noun)

    A declaration issued by a government agency declaring someone the inventor of a new invention and having the privilege of stopping others from making, using or selling the claimed invention; a letter patent.

  • Patent (noun)

    A specific grant of ownership of a piece of property; a land patent.

  • Patent (noun)

    License; formal permission.

  • Patent (noun)

    Patent leather: a varnished, high-gloss leather typically used for shoes and accessories.

  • Patent (verb)

    To successfully register an invention with a government agency; to secure a letter patent.

  • Patent (adjective)

    Open, unobstructed, expanded.

    “That is a patent ductus arteriosus.”

  • Patent (adjective)

    Explicit and obvious.

    “Those claims are patent nonsense.”

  • Patent (adjective)

    That is fine, and consists mostly of the inner part of the endosperm.

  • Patent (adjective)

    Open; unconcealed; conspicuous.

  • Patent (adjective)

    Open to public perusal; said of a document conferring some right or privilege.

    “letters patent”

  • Patent (adjective)

    Protected by a legal patent.

    “a patent right; patent medicines”

  • Copyright (noun)

    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.”

  • Copyright (noun)

    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.”

  • Copyright (verb)

    To obtain or secure a copyright for some literary or other artistic work.

  • Patent (noun)

    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”

  • Patent (noun)

    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”

  • Patent (adjective)

    easily recognizable; obvious

    “she was smiling with patent insincerity”

  • Patent (adjective)

    (of a vessel, duct, or aperture) open and unobstructed; failing to close

    “the patient is usually left with a patent vessel”

  • Patent (adjective)

    (of a parasitic infection) showing detectable parasites in the tissues or faeces

    “there are a few recorded cases of patent infection in man”

  • Patent (adjective)

    made and marketed under a patent; proprietary

    “patent milk powder”

  • Patent (verb)

    obtain a patent for (an invention)

    “an invention is not your own until it is patented”

Oxford Dictionary

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