What Are the Key Differences Between Patents, Trademarks, and Copyrights?
Feb. 17, 2025
Patents, trademarks, and copyrights are three distinct but essential legal protections for creators, innovators, and businesses. While these protections all serve to secure rights to intangible assets, they differ significantly in terms of what they protect, how they are obtained, and the duration of their protection.
At the Law Office of Julie Scott LLC, based in Kansas City, Missouri, I help clients in various industries determine the appropriate methods of protecting their intellectual property.
Below, I’ll provide clarification on the key differences between patents, trademarks, and copyrights to help you better understand each type of intellectual property right, its purpose, and the specific protections it affords.
Intellectual Property
Intellectual property (IP) refers to creations of the mind—such as inventions, literary and artistic works, designs, symbols, and names—that are protected by law from unauthorized use. The goal of IP law is to encourage innovation and creativity by granting exclusive rights to creators, thus incentivizing further development and dissemination of knowledge.
The three most common types of intellectual property protections are patents, trademarks, and copyrights. While these protections overlap in some respects, they each cover different aspects of human creativity and innovation.
Patents
A patent is an exclusive right granted to the inventor of a novel and non-obvious invention. In essence, a patent gives the inventor the right to exclude others from making, using, selling, or distributing the patented invention without permission.
Patents are designed to encourage innovation by offering inventors a temporary monopoly on their inventions in exchange for public disclosure of their ideas.
Types of Patents
There are three main types of patents:
Utility patents: These are the most common type of patent, covering new inventions or functional improvements to existing inventions. They can include anything from a new type of engine to a novel chemical compound.
Design patents: Design patents protect the ornamental design or appearance of an object, rather than its functional aspects. For example, a new and unique design for a smartphone could be protected by a design patent.
Plant patents: Plant patents are granted for new and distinct plant varieties that are asexually reproduced. This can apply to crops, flowers, and other plant species that meet specific criteria.
Key Aspects of Patents
According to the guidelines established by the United States Patent and Trademark Office (USPTO), the protection offered by a utility patent lasts for 20 years from the filing date, while design patents last for 15 years. However, patents can be subject to maintenance fees.
To qualify for a patent, an invention must meet three basic requirements:
Novelty: The invention must be new and not have been previously disclosed to the public.
Non-obviousness: The invention must not be an obvious improvement or modification of existing technology to someone skilled in the relevant field.
Utility: The invention must be useful in some way, whether practical or functional.
Obtaining a patent involves filing a detailed application with the USPTO or its counterpart in other jurisdictions. The application must include a description of the invention, claims that define the scope of protection, and often technical drawings or diagrams.
Patent Infringement and Enforcement
Patent owners have the right to enforce their patents by taking legal action against infringers. If someone uses, sells, or manufactures a patented invention without the inventor's consent, the patent holder can file a lawsuit in federal court.
However, enforcement can be expensive and time-consuming, making it important for patent owners to carefully monitor their intellectual property.
Trademarks
A trademark is a symbol, word, phrase, design, or other distinctive element that identifies and distinguishes goods or services. Trademarks serve to protect consumers by making sure that they can reliably identify the source of a product or service, and they protect businesses by preserving the uniqueness of their brand identity.
Types of Trademarks
The three main types of trademarks are:
Word marks: These trademarks consist of specific words, names, or combinations of words used to represent a product or service. For example, "Coca-Cola" or "Google" are both word marks.
Design marks: These include logos, images, or other visual elements associated with a product or service. For example, the Nike "swoosh" logo is a design mark.
Service marks: A service mark is similar to a trademark but applies to services rather than physical goods. For instance, the "FedEx" logo is a service mark used to identify the delivery services provided by the company.
Key Aspects of Trademarks
Trademarks can last indefinitely, as long as the trademark is continuously used in commerce and its registration is renewed periodically. In the U.S., trademark owners must file for renewal every ten years.
To register a trademark, the mark must be distinctive, not confusingly similar to existing marks, and used in commerce. Trademarks can be registered at the state or federal level, with federal registration providing broader protection.
The process to register a trademark with the USPTO includes submitting an application that provides details about the mark, its use, and its distinctiveness. The USPTO will review the application to determine if it meets the necessary requirements.
Trademark Infringement and Enforcement
Trademark infringement occurs when another entity uses a mark that is confusingly similar to an existing trademark, leading to consumer confusion or dilution of the brand's identity. Infringement cases can be brought in both state and federal courts, and trademark owners have the right to seek damages, injunctive relief, and other remedies.
Copyrights
Copyright law provides protection to creators of original works of authorship, including literary, artistic, musical, and dramatic works. Copyright protects the expression of ideas rather than the ideas themselves, meaning it applies to the specific form in which an idea is expressed—whether that be a book, a song, a painting, or a film.
Types of Works Protected by Copyright
Copyright can protect a wide range of creative works, including:
Literary works (e.g., novels, articles, poems)
Musical compositions (e.g., songs, sheet music)
Dramatic works (e.g., plays, scripts)
Visual art (e.g., paintings, sculptures, photographs)
Motion pictures and audiovisual works
Computer software and code
Architectural works
Key Aspects of Copyrights
In the U.S., the duration of copyright protection depends on when the work was created.
For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. For works created for hire, anonymous works, or works created by multiple authors, the duration is 95 years from the date of first publication or 120 years from the date of creation, whichever is shorter.
Unlike patents and trademarks, copyright protection is automatic upon the creation of the work, as long as it’s fixed in a tangible medium (e.g., written on paper or recorded digitally). Registration with the U.S. Copyright Office isn’t required but provides important benefits, such as the ability to sue for statutory damages and attorney’s fees.
To qualify for copyright protection, a work must be original (i.e., the creator must have contributed their own creativity) and fixed in a tangible medium of expression (e.g., written, recorded, or otherwise preserved).
Copyright Infringement and Enforcement
Copyright infringement occurs when someone reproduces, distributes, displays, or performs a copyrighted work without permission from the copyright holder. Copyright holders can file lawsuits in federal court to seek remedies such as injunctions, statutory damages, and actual damages for unauthorized use.
Contact a Trusted Business Attorney
Patents, trademarks, and copyrights each provide distinct types of protection for different creative and innovative endeavors. Understanding these differences is crucial for anyone seeking to protect their intellectual property, and working with a reliable business attorney is crucial.
Located in Kansas City, Missouri, and serving Columbia, Springfield, and Rolla, the Law Office of Julie Scott LLC can help you safeguard your business’s intellectual property. Contact Attorney Julie Scott today to learn more.