Difference Between Patent and Copyright

Patent and Copyright are used for a different set of Intellectual properties. While a patent protects a novel invention, copyrights safeguard an original idea or expression. Different legislations govern both Copyright and Patents.

Copyright and Patent are two such intellectual property rights that secure the intangible assets of a company or any individual.

IP law circumscribes your innovation or creativity into time-limited protection. Some can be renewed (eg: trademarks), whereas some (eg: copyright and patent) fall into public domain after limitation period ends, for the use of the general public. 

 

Basis

Patent

Copyright

Defining

A patent is a proprietary right conferred upon the inventor for using his invention for a set period of time.

Copyright is protection that is provided to the creator so that he can exclude others from performing or making the same creation in the same manner.

Components

The patent act is known to Protect Ideas.

Copyright act provides protection for Expressions.

Term of Protection

20 Years

60 Years

Registration

Must be registered to attain protection

Protection is attained automatically. although registration makes it easier to prove ownership

Governing Act

Indian Patent Act (amendment), 2005

Indian Copyright Act,2005

Note: Software source code and the invention can obtain both patent and copyright protection in India.

Requirements for Patent and Copyright Application

A patent application should include documents such as:

  • Non Disclosure Agreement
  • Drawings
  • Invention Disclosure Form

 

Copyright application is filled in the physical form with the registrar of copyright

  • Two copies of work.
  • If the work being copyright is being used on the sale of goods and services then the applicant needs to attain search certificate from the trademark office.
  • Power of Attorney if the application is filled by an attorney or agent.
  • The application is to be signed only by the applicant.

Cost for Copyright and Patent Registration

The prescribed fee for both Patent and copyright registration varies based on different application and the steps involved in the registration process.

Type of Work

Govt. Fee

Total Cost

Copyright Registration

2,000

4,499 (approx)

Patent Registration.

1,600

50,000 (approx)


Patent