In the era of technology and modernisation, intellectual property plays a vital role. In the current world, intangible properties are a valuable asset for any business. Intellectual properties are of many kinds, which include patents, copyrights, trademark registration, geographical indication, etc. The current blog will discuss the difference between patent and copyright. These are two different concepts of intellectual property, but sometimes people need clarification on these two and consider them one. But they are not the same in any perspective except that both are intellectual property. Hence, to clarify, we will discuss the difference between patent and copyright so that there will be no further confusion between them.
What is a Patent?
A patent is granted to different types of inventions that are not prohibited from granting patents under the Patent Act of 1970. Patent is given under section 2(m) of the Patent Act 1970. The first inventor of the invention can claim a patent. The list of such non-patentable inventions is given below:
- Frivolous inventions
- Anything contrary to natural law
- Inventions that are harmful to the environment, animals or human
- Inventions which are against the public peace or morality
- Mere discovery will not be an invention
- Invention of substance through admixture
- Arrangement, rearrangement or duplication will not come under the ambit of invention
- Methods used in agriculture or horticulture will not come under the category of inventions.
- Literary and dramatic works, musical works, artistic works or any other work that is related to cinematography and television productions
- Scheme and rule, as a method of performing mental acts, are also not inventions.
- Method of playing game
- Presentation of information
- Topography of integrated circuits
- Inventions that affect traditional knowledge
To take a patent on any invention is not easy. The process of taking a patent on any invention takes years after the submission of a patent application by the applicant. It has been reviewed by the competent authority many times. The patent examiner conducts an in-depth examination of the invention, so there will be no further issues. They will qualify your patent after the patent examiner is satisfied. Also, there is an exception to patents, which is that an idea cannot be patented. The idea, once implemented and converted into materialistic form, then only it can get a patent; otherwise, it will not. Time duration is another important difference between patent and copyright.
What is Copyright?
Authors of different types of works like artistic works, musical works, cinematographic works, sound recordings etc., have been given protection under section 13 of the Copyright Act 1957. This is one of the main difference between patent and copyright. It is a legal shield given to the original work of the author. Here, author means any person with literary or dramatic work, musical work, artistic work, photographer, cinematographer, etc.
Taking copyright in India is not very difficult, even though it is not mandatory to take copyright registration. In India, the moment the author published his original work related to literature, drama, music, art, cinematography, sound recording, etc., it got copyrighted. However, it is always suggested to obtain copyright registration so that the author can have strong proof regarding the copyright and nobody else can claim the copyright on the same work.
Detailed Difference between patent and copyright
Although patents and copyrights have many similarities, they are two different intellectual properties and there are many difference between patent and copyright. Given below is a table with the help of which the difference between patent and copyright will be clear:
| Copyright | Patent |
| The governing law for copyright in India is the Copyright Act of 1957 | Everything regarding patents has been given under the Patent Act of 1970. It governs patents in India. |
| Copyright is the protection given to the creator of the work | A patent is particularly related to inventions that are not mere discoveries. Patents are granted to some particular type of inventions only. Not every invention is patentable in India |
| Copyright is applicable to artistic works, literary works, musical and cinematography. It is also applicable to sound recordings, etc. It has a limited area of applicability. | Patent is applicable to novel inventions, and its applicability is very vast and not just limited to certain kinds of dreams. |
| Copyright is generally given for a period of 60 years, and even after the death of the owner copyright survives. | Patent is given for 20 years from the date of its application. |
| The owner of the copyrighted product can sell the work without any hassle. But nobody else can do that without the permission taken by the owner of the copyrighted product. | Once any invention got protection under patent act, it cannot be used without the consent of the owner of the property. |
| Copyright saves the product from duplication or replication. | A patent protects the notion behind the invention |
| The author of the work can apply for the copyright under the governing law. | Inventors can apply for the patent under the governing law |
| Copyright registration is not mandatory | Patent registration is mandatory |
| Copyright is easy to get | It is not easy to get a patent on any invention; there are many restrictions on patents |
| Copyright is less time-consuming | It will take many years to protect the property through patent |
Conclusion
Although both patent and copyright are part of intellectual property, there is a lot of difference between patent and copyright. Both of them protect two different types of intellectual property. Copyright protects the work of the authors, while a patent protects the work of inventors. There are many intellectual property rights lawyers who are working or assisting in protecting IP rights in India. If you wish to or are thinking about protecting your intellectual property rights, you can take their help. Professionals make your work easy and help while choosing intellectual property protection as per your business. There are many difference between patent and copyright but to understand them is not easy hence expert advice is suggested.
