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What is the difference between copyright, trademark and patent?

The concept of protecting intellectual property - that is, any product derived from an idea - emerged as early as 500 BC, when Greek chefs were granted exclusive rights for up to a year to create specific cuisines.

Although we have come a long way since then, the goal of all intellectual property protection remains the same: to prevent illegal copying of ideas, and therefore encourage people to create new things.

Copyrights, trademarks, and patents are the three most common ways to protect intellectual property.

But what they protect, and how long those protections last, vary widely.

Intellectual Property "Copyrights and patents are the same goal; they just pursue it in different areas," New York University law professor Christopher Jon Sprigman tells Mental Floss.

"For copyright, it is new artistic and literary works; for patents, it is new scientific and technological works." So while copyright covers things like books, plays and movies, patents protect things like medicines, inventions and technology

content.

But while copyrights typically last for the lifetime of the author plus 70 years, patents only last 20 years from the date of filing.

This means the public can enjoy patented ideas more quickly and for free, and encourages fair competition, which makes sense because scientific works bring more immediate benefits.

"That's why you see such high drug prices when something is still under patent, and then plummet when generic manufacturers enter the competition," NYU law professor Jeanne Fromer told Mental Floss

. ” Bringing more benefits to the public and freer market competition?

This is the goal of intellectual property.

Trademarks Trademarks differ in that they do not protect artistic or technical works, but rather the companies that create them.

“It helps you categorize different products in a competitive market,” Sprigman said.

There are more obvious trademarks – like logos and brand names – but you can also trademark scents, designs and sounds.

Play-Doh's scent is a trademark, as is the NBC chime and Coca-Cola's glass bottle design.

Trademarks can last indefinitely as long as they are in active use.

Copyright Copyright is automatically created the moment you produce something, whereas a trademark is created immediately upon use in commerce.

Everything from the photos you take for your social media profiles to your latest blog posts are protected by copyright, while your family business name is protected by some common law trademarks.

But formally registering a copyright allows you to collect statutory damages in an infringement case, which is a fixed amount determined by a court of up to $150,000 (you can also recover your attorney's fees).

For unregistered copyright claims, you must prove actual losses, such as lost income, which is much more difficult and may result in lower payouts.

Registering a trademark also gives you nationwide exclusive use, so the benefits are definitely worth it.

Patents Patents, on the other hand, are not automatically granted.

First, a patent application needs to accurately describe the scientific or technical work.

And upon submission, the work requires a thorough review by expert [ PDF ] patent examiners to determine whether the project meets their standards.

Patents grant the broadest rights, so they also have the most stringent approval procedures.

Although there are some significant differences between copyrights, patents, and trademarks, they all benefit the creators of the intellectual property and, ultimately, the public.

So the next time you create something new—whether it's a book, an invention, or a logo—consider officially linking it with the U.S. Patent and Trademark Office or the U.S. Copyright Office.

You may reap the benefits for years to come.