After setting up and running a business successfully, every entrepreneur hopes for the growth of his company without much problem. Having no problems is almost impossible but minimizing the problems is very much possible. You may come across different strategies in order to minimize different problems you may face while running your own company. As they say, ‘precaution is better than cure’. One of the most famous and important precautions is getting a copyright and patent. All three of them are different but their purpose is the same to protect your belongings.
Copyright and patent are two terms that are often confused to be one but they are completely different. The only similarity is their nature of protection and being legal.
Difference between copyright and patent
- When you invent something new, something that is unique it is liable to receive a patent. However, copyright is related to artistic works and intellectual property.A copyrightworks according to The Copyright Act, 1957. Artistic works that are covered under copyright includes literary, musical, dramatic, cinematography and artistic works of Entertainment industry.
- A patent has a validity of 20 years, after which the invention is open to the public. Copyright has a longer validity of a lifetime of the owner and another sixty years after that.
- A copyright protects the expression of an idea while a patent protects the idea itself. Patent works more on a design while copyright is another work of an already described design.
- Patent works in a very complex way. Its registration and verification are much longer and tedious. Copyright is much easier to get.
Ques. 1: A book has a standard design, It can be colorful or can be typically sophisticated. It can contain pictures or can be completed using only text. An author who writes the book has the liberty to choose what goes in the book and what doesn’t.The book can have a copyright but not a patent. why?
Solution 1: The book is not an invention, anyone can write a book. The content of the book is unique but the book is a major idea. So, here protection cannot be given to the idea because it is not the property of the author. Here, protection can be provided to the expression of an idea, the content of the book. This protection comes under copyright. The same goes for any movie or sound clip.
Ques. 2: A machine is patentable or not?
Solution 2: A machine is patentable only when it’s unique and not obvious. A patent works in a much more complex way. The invention is different and not something you see every day. A particular machine is not seen everyday i.e. why it is patentable. It is a machine that has a unique manufacturing.
It depends on the product whether it is patentable or should receive a copyright. We, at LegalRaasta, can help you distinguish and in patent registration as well as copyright registration depending upon the product.