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Difference between Copyright & Patent

We often confuse between Copyright & Patent but they have several points of difference which needs to be clarified before further registration.

 

Copyright

Patent
  • Copyright is defined as a property right of an original work owned by an individual which is fixed in a physical medium of expression, thereby giving the holder an exclusive right to reproduce, distribute, perform, and display the work. The original work includes literary, musical, artistic, photographic, a film work or a computer programme, etc.
  • A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
  • Under Copyright, if identity is accidental, there is no infringement. 
  • Under patent law, two-person may have produced the same invention, but it is the inventor who applies for a patent first is protected.
  • The copyright registration process is much simpler as compared to a patent application. The Copyright Office does not compare new works with those of the previously registered by others.
  • Applying for Patent application is complex & costly, it often needs a patent attorney for assisting the inventors. It is essential to check the already existing patents which are the most labour-intensive process.
  • Copyright expires depending upon a number of factors which includes the date of publishing but is generally lifetime + 60years after the author's/creator's death.
  • Patents expire after 20years of issuance to encourage competition and innovation.

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