Friday 1 June 2018

What is the difference between Copyright and Patent?

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We ever heard about the terms like Copyright-Patent-Trademark, but there are many differences between all these.

  • Where expression of an idea is called as Copyright whereas, Grated permission to the inventor to manufacture something is known as Patent.
  • In another hand to recognize the source of goods or services Trademarks is used as a word, phrase or anything else.
Here we get know the difference between Copyright and Patent.


What is Copyright

  • Copyrights protect the content which you have created an original work. Its basically covers artistic works like books, paintings, songs, movies, and computer programs etc. It does not consider that process through which a particular work was created.
  • It gives protection to that the makers against the misuse of their work or share without permission. The creator/maker has the rights to exploit their work and may impose conditions.

Who can seek a copyright?

  • As its above mention that Copyright protects original ideas, so creators like artists, choreographers, architects, the Software developer can be sought out for this. This includes works like Photographs, architectural works, Software application development and other creative works.

Components of copyright

  • It contains moral and economic rights. In Economical rights, it includes the rights to copy a content/software public of any substantial part.  Whereas moral right covers the right to the integrity of the work as well the right to be listed as its author. Authors will not lose their work if they allow copying their work.

What does it protect?


  • Copyrights in each type of work independently. For example Books, Novels, Softwares, Sculptures, Photographs, Music, Songs, Films, Radio broadcasts, engineering, technical plans, promotional literature, advertising, computer software and databases etc.
  • In fields like Software development, copyright laws allow following works like Translate the work, To sell it to another person, Create copies for other peoples/customers, make an adaption of that work.
  • Creators can file an infringement suit against those persons who violate the rights.



Benefits of copyright

  • The reproduction rights which covers the rights to copy, duplicate or imitate the work in a fixed form.
  • Modification rights which cover the rights to modify the work to create another one.
  • Distribution Rights which allows to distributes the copies or share that work with public or users by selling, or on rental etc. Financial profit can also be obtained through the royalties as well.
  • Public Performance Rights that right to play dance or act in public places or transmit it to the public.
  • And finally, The creator holds the control over the work whether it a software literary or artistic material from being misused by the competitor.


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What are Patents
  • A patent is a right by the government which excludes others from making or selling the invention of a designer/developer. It protects invention like new process, Device, Machines. The patent protects the ideas, not just expression. The main motto is to give rights to the holders to challenge any use of the invention by a third party.

What are the benefits of a patent
  • A patent gives rights to the designer to stop others from copying content, selling, importing content without permission.
  • Use the invention yourself.
  • It gives protection for a pre-determined period.
  • You can license your patent for others to use it as with any assets. which helps you with a source of revenue for your business.

What is the duration?
  • A patent provides protection for a period of 20 years, from the date of application. You need to pay the maintenance fees for each year from the third year.

Registration of Patents
Why we need patent registration?
  • You will get royalty by licensing your patent.
  • Get protection for twenty years.
  • Utilize the invention by yourself only.
  • Stop allowing others to copy without your permission.

Procedure
  • Fill all the basic information about the patent like the area of invention, description about the invention, how does it works and advantage of the invention.
  • The drawing diagrams should be there which explain the working of the invention in a better way.
  • For an early stage research and development, you can go for provision application. Which benefits you a secure filling data, low cost, 12 months of time to file complete specification.
  • The patent will be examined after receiving the request and the examiner will examine the Industrial application, Non-obviousness, Enabling etc. The examiner will create a first examine report upon reviewing the above terms. This is called patent prosecution
  • The communication between the applicant and examiner to ensure that all objections raised in the patent application are resolved.
  • Then after the application would be placed the order for great once it is found to be meeting all patentability requirements.







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