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Unit VI - PATENT, COPYRIGHT and TRADEMARK
Unit VI - PATENT, COPYRIGHT and TRADEMARK
Patent, copyright and trademark are all types of intellectual property rights that provide the
creator an exclusive right over the use of his/her creation of mind for a limited amount of time.
Entrepreneurs who are seeking to register intellectual property must know the differences
between the three and obtain the right registrations to protect his/her intellectual property. In
this article, we look at the differences between patent, copyright and trademark in India.
Define Patent?
Patent is an exclusive right for an invention provided by the law for a limited time to the
Patentee. By patenting an invention, the patentee is able to control the making, using, selling or
importing of the patented product or process for producing that product without his/her
consent. An invention relating either to a product or process that is new, involving inventive
step and capable of industrial application can be patented in India.
Define Copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works
and producers of cinematograph films and sound recordings. Copyright does not protect
brands or names, short word combinations, slogans, short phrases, methods, plots or factual
information. Copyright also does not protect ideas or concepts. Therefore, copyright is mainly
used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and
producers of sound recordings, cinematograph films and computer software.
Define Trademark?
Trademark is a visual symbol which may be a word signature, name, device, label, numerals
or combination of colours used by one Enterprise on goods or services or other articles of
commerce to distinguish it from other similar goods or services originating from a different
undertaking. Hence, trademarks are mostly used to protect brand names, business names,
slogans and more.
Difference between Patent, Copyright and Trademark
Patent, Copyright and Trademark serve different and distinct uses. The differences between
them are as follows:
Patent: Patents are mainly used to secure invention relating either to a product or process that
is new which is capable of having industrial application. Software and business ideas cannot be
patented in India.
The following are items NOT patentable in India as per Section 3 of the Patent Act, 1970: