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What is a Patent?
A patent protects an original invention for a certain period of time and is granted by the United States Patent and Trademark Office (USPTO). By giving the right to produce the product without fear of competition during the patent period, an incentive is provided for companies or individuals to continue developing innovative new products or services.
Utility Patent
A utility patent covers the creation of a new or improved product, process, or machine. It is also known as a “patent,” and it prevents other individuals or companies from making, using, or selling the invention without permission. Utility patents are valid for up to 20 years after the patent application is filed, but the patent holder must pay maintenance fees regularly.
Plant Patent
A plant patent protects the main characteristics of a new and distinct plant variety from being reproduced by others. It is also valid for 20 years after the application is filed. The plant must be capable of reproduction through non-sexual means and the reproduction must be genetically identical to the original plant, which can be done through methods such as root cuttings, bulbs, division, or grafting.
Design Patent
A design patent applies to the unique appearance of a manufactured item. For example, a car with a distinctive hood or the shape of a headlamp. These visual elements are part of the car’s identity and can enhance its value. However, without protecting these components with a patent, competitors can copy them without legal consequences.
374,006: The number of patents granted in the United States in 2021.
What is a Trademark?
Unlike patents, trademarks protect words and design elements that identify the source of a product. Key examples are brand names and company logos. A service mark is similar, except it protects the service provider rather than a tangible good. The term “trademark” is commonly used to refer to both categories.
Some examples of trademark infringement are perfectly clear. You might run into trouble if you tried to package a drink and call it Coca-Cola or even use the famous wave from its logo, as both have been protected for decades.
However, trademark protection goes a bit further, as it prevents any marks that create a “likelihood of confusion” with an existing mark. Thus, a company cannot use a symbol or brand name if it looks similar, sounds similar, or has a similar meaning to an already existing one, at least if the products or services are related. If the trademark holder believes there is an infringement of these rights, they may decide to file a lawsuit.
What is Copyright?
Copyright protects “original works of authorship” such as writings, art, architecture, and music. As long as copyright is in effect, the copyright holder has the exclusive right to display, share, perform, or license the materials.
There is an important exception known as the “fair use” principle, which allows for a certain degree of distribution of copyrighted materials for educational, scientific, or news reporting purposes.
Technically, you do not have to apply for copyright to protect your work. It is yours as soon as you translate your ideas into a tangible form, such as a book, music, or published research. However, registering it officially with the U.S. Copyright Office before or within five years of publishing your work makes it much easier to establish that you are the original author if you have to go to court.
The duration of copyright depends on the year the work was created since laws have changed over the years. Since 1978, most compositions have been protected by copyright for 70 years after the author’s death. After this time, the individual works enter the public domain and can be reproduced by anyone without permission.
As a rule
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In general, the author retains copyright privileges, even if the materials are published by another company. However, there is an important exception to this rule.
The materials you create for the benefit of your employer as part of your job requirements, such as contributions to a podcast published by the company, are generally considered “works for hire.” The employer retains the copyright, not you. If there is an ambiguous area, you may want to negotiate with the publisher about copyright ownership before creating the piece. Just be sure to get that in writing.
What is the difference between a patent, copyright, and trademark?
Patents protect new inventions or processes or scientific innovations, while trademarks protect brands, logos, and slogans, and copyright protects original works of authorship such as writings, arts, architecture, and music.
What are the three types of patents?
The three types of patents are design, utility, and plant. Utility patents are for new discoveries or compositions of matter or machines or processes. Plant patents are for anyone who discovers or develops and produces a new variety of plant through non-sexual means. Design patents are for anyone who creates a new, original, and ornamental design.
What does trademark include?
A trademark includes words, phrases, designs, or any combination of these elements that uniquely identify a product or service.
Conclusion
Decisions on pursuing a patent, trademark, or copyright depend on the type of intellectual property you are trying to protect. Whether it is a new product, logo, or creative work, registering your idea with the appropriate authority can help you enjoy the fruits of your labor.
Source: https://www.investopedia.com/articles/investing/111014/patents-trademarks-and-copyrights-basics.asp
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