Copyrights, trademarks, and patents are different types of intellectual property. It is important to know the differences between them in developing a protection strategy. 

What is a Copyright? 

A copyright is a type of intellectual property that protects original creative works. A copyright owner has the exclusive right to reproduce, adapt, publish, perform, and display the original works, as well as the right to authorize third parties to exercise these rights. Categories of works that may be protected under copyright law are:

• Literary, musical, and dramatic works
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Sound recordings
• Computer programs
• Architectural works

When to Register for Copyright Protection

Copyright protection exists automatically from the moment an original work is created. Registration is not required, however, there are several benefits to obtaining copyright registration prior to publication of a work. Some of these benefits are identified below.

• The right to file a lawsuit in federal court for copyright infringement.
• A presumption of validity in copyright litigation if the work is registered within 5 years of publication.
• Eligibility to seek an award of statutory damages. This can be especially helpful where actual damages are difficult to calculate.
• It puts others on notice of your rights.

What is a Trademark? 

A trademark is any element that serves as an identifier of the source of goods and services. This may include names, slogans, logos, sounds, characters, smells, colors, color schemes, product packaging, or product design.

Not every element that attempts to identify the source of goods and services can be trademarked. Informational matter, generic words, and geographically misdescriptive words or phrases cannot be protected under US trademark law.

When to Register for Trademark Protection

A federal trademark registration provides the owner with the exclusive right to use the mark in connection with their goods and services nationwide. A state trademark registration provides similar exclusive rights within the State of registration. While the United States recognizes the rights of trademark owners who are the first to use a mark in connection with particular goods or services even without registration, these rights (called common law trademark rights) are limited. As such, the earlier that a brand owner applies for trademark protection the lower their risk of future challenges or the need to rebrand. 

What is a Patent? 

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, offering for sale, selling, or importing into the United States the claimed invention during the term of the patent. Three types of patents are utility patents, design patents, and plant patents. Utility patents protect articles of manufacture, compositions of matter, machines, processes, or improvements thereof. Plant patents protect distinct and new varieties of plants. Design patents protect ornamental designs of useful articles.

When to Register for a Patent 

A patent application can be submitted as soon as the invention can be described to a point that one reasonably skilled in the art could make or use the invention from the disclosures in the patent application. A patent application should be submitted before public disclosure or any offer for sale of an invention otherwise, the applicant may be barred from obtaining patent protection by the public disclosure and on sale bars.

Key Differences Between a Copyright, Trademark, and Patent 

Purpose

The purpose of copyright protection is to give creators or owners of the copyrighted works the exclusive rights to reproduce, distribute, perform, and display the works or to license these rights to third parties. Copyrights enable owners to retain creative control with the potential to generate revenue through the commercialization of their works. 

The purpose of trademark protection is to distinguish one company’s products or services from others in the market. Trademark protection serves as a way to avoid consumer confusion and to protect a company’s brand and goodwill. 

The purpose of patent protection is to protect new and useful innovations. Patents are primarily used to promote innovation by allowing inventors exclusive rights to create, use, and sell their ideas. The fundamental objective of a patent is to offer the creator exclusive rights to their invention for a set period of time, usually 20 years from the date of filing. This exclusivity gives the patent holder control over who can create, use, sell, or import the patented innovation, giving them a competitive advantage in the marketplace. 

Length of Protection 

The term of copyright protection is dependent on several factors, however, as a general rule, a copyright lasts for the life of the author plus 70 years. For registrations that have anonymous authors, are pseudonymous, or are works made for hire, protection lasts for 95 years from publication or 120 years from the year of creation, whichever occurs first. More information regarding copyright terms may be found here. 

Trademark rights last as long as the mark is used, potentially indefinitely. Federal trademark registrations must be renewed at set intervals, beginning between the 5^th and 6^th year after registration and every 10 years thereafter. A registered trademark has no specified expiration date as long as there is ongoing use of the mark and the owner meets the relevant renewal and maintenance criteria. Trademark protection has the ability to provide long term protection for brand names, logos, and symbols that are actively used.

Patents provide fixed and shorter-term protection. Utility patents are valid for a period of 20 years from the earliest priority date, excluding a provisional application priority date. Design patents are valid for a period of 15 years from the date of issuance. 

Application Costs 

For a copyright application, the fees vary depending on the type of filing and type of work that is being registered. The standard government application fee for an application for a single work of authorship by a single author is $45. Government fees generally range from $45 to $85 per application.

For a trademark application, you must pay a government fee for each category of products or services listed in your application. Depending on the type of application you file, the fee per class of goods/services to file a trademark application can range from $250 to $350. The more classes of goods or services you include in your application, the higher the total fees will be.

For a patent application, the fees vary depending on which type of patent application you are submitting and the type of entity status you qualify to file under. Government fees generally range from $75 to $1,820. 

In addition to government fees, illustrator costs (for patent and trade secret filings) and attorney fees may be required. 

Looking to Protect Your Intellectual Property? 

Consulting with an Intellectual Property Law Attorney can be helpful in attaining the essential legal guidance and expert advice needed to effectively understand which type of intellectual property protection you need.