Many business owners and inventors aren’t sure whether they need a patent, trademark, or copyright. Although all three protect intellectual property, they cover very different things.
In this short video, Gearhart Law founder and patent attorney Richard Gearhart explains:
- What patents protect
- What trademarks protect
- What copyrights protect
- Why understanding the differences is important for entrepreneurs, inventors, creators, and businesses
If you’re developing a product, building a brand, writing content, creating software, or producing creative works, understanding these forms of intellectual property can help you choose the right legal protection.
TL;DR
- Patents protect new inventions, technologies, software, products, and other innovations.
- Trademarks protect brand names, logos, and product names that identify the source of goods or services.
- Copyrights protect original creative works such as books, music, movies, artwork, and other creative expression.
- Different forms of intellectual property often work together to protect a business.
Transcript
What Is the Difference Between a Patent, Trademark, and Copyright?
One of the most common questions intellectual property attorneys receive is:
“What’s the difference between a patent, a trademark, and a copyright?”
Although all three protect intellectual property, each serves a different purpose.
What Does a Patent Protect?
A patent protects new inventions and technological innovations.
Patents may protect:
- New products
- Software
- Chemical compounds and molecules
- Consumer products
- Mechanical inventions
- Many other types of technological innovations
In general, a U.S. utility patent provides protection for up to 20 years from the filing date, assuming all maintenance requirements are met.
What Does a Trademark Protect?
A trademark protects the names, brands, logos, and other identifiers that distinguish one company’s products or services from another’s.
For example, the name Coca-Cola is a trademark that identifies both the product and the brand associated with it.
Businesses often register trademarks to protect:
- Company names
- Product names
- Brand names
- Logos
- Slogans
Trademark protection helps consumers identify the source of products and services while protecting the reputation and goodwill associated with a brand.
What Does a Copyright Protect?
Copyright protects original creative works that have been fixed in a tangible form.
Examples include:
- Books
- Music
- Movies
- Artwork
- Sculptures
- Architectural works
- Many other forms of creative expression
Copyright gives creators important legal rights over the use and reproduction of their original works.
Choosing the Right Intellectual Property Protection
Many businesses benefit from more than one type of intellectual property protection.
For example, a company might have:
- A patent protecting its invention
- A trademark protecting its brand name
- Copyright protection covering its website, videos, manuals, and marketing materials
Understanding which protection applies can help safeguard both innovation and brand value.
If you have developed a new invention, are launching a new brand, or have created original content, speaking with an experienced intellectual property attorney can help you determine the most appropriate protection.
Frequently Asked Questions
What is the difference between a patent, trademark, and copyright?
A patent protects inventions and technological innovations. A trademark protects brand identifiers such as names and logos. A copyright protects original creative works like books, music, videos, artwork, and software code.
What kinds of inventions can be patented?
Patents may protect many types of inventions, including software, medical devices, consumer products, manufacturing processes, chemical compositions, and mechanical innovations, provided they meet legal patentability requirements.
What does a trademark protect?
A trademark protects words, names, logos, symbols, slogans, and other branding elements that identify the source of goods or services and distinguish one business from another.
What does copyright protect?
Copyright protects original works of authorship, including books, articles, music, photographs, artwork, films, software code, and other creative content.
Can one business have patents, trademarks, and copyrights?
Yes. Many businesses use all three forms of intellectual property protection. For example, a company may patent an invention, register trademarks for its brand, and own copyrights in its website, marketing materials, software, videos, and publications.
How long does a patent last?
In general, a U.S. utility patent lasts up to 20 years from its filing date, provided required maintenance fees are paid and other legal requirements are met.
Do I need both a patent and a trademark?
Sometimes. A patent protects the invention itself, while a trademark protects the brand under which the invention is sold. They serve different legal purposes and often complement one another.
How do I know which type of intellectual property protection I need?
The answer depends on what you’re trying to protect. An intellectual property attorney can help determine whether your innovation, brand, creative work, or business assets should be protected by patents, trademarks, copyrights, or a combination of all three.