1. what is exact difference between copy rights and patent
rights?
Ans-There are basically five major legal differences between a copyright and a patent : subject matter protected, requirement for protection, when protection begins, duration, and infringement. There's also a sixth practical one: cost.
Subject matter: A copyright covers "works of authorship," which essentially means literary, dramatic, and musical works, pictorial, graphic, and sculptural works, audio-visual works, sound
recordings, pantomimes and choreography. A patent covers an invention, which essentially means a new and non-obvious useful and functional feature of a product or process.
Requirement for protection: In order for a work to be copyrighted, it must be original and fixed in a tangible medium of expression; no formalities are required (see section 2.3). In order for an
invention to be patented, it must be novel (i.e., new), non-obvious, and useful and a patent must be issued by the United States Patent and Trademark Office.
Start of protection: Copyright protection begins as soon as a work is created. Patent protection does not begin until the patent is issued.
Duration: A copyright generally lasts for the life of the author, plus 50 years (see section 2.4). In the U.S., a patent lasts for 17 years from the date granted (in some nations, particularly Japan and most European nations, the duration is 20 years, and is measured from date of application).
Infringement: For a copyright to be infringed, the work itself must have actually been copied from (either wholly or to create a derivative work), distributed, performed, or displayed. If a person other than the copyright owner independently comes up with the same or a similar work,
there is no infringement. In contrast, a patent confers a statutory monopoly that prevents anyone other than the patent holder from making, using, or selling the patented invention. This is true even if that person independently invents the patented invention.
Cost: A copyright is essentially free. Even if you want to register the copyright, the cost is only $20, and the paperwork is much less complicated than the 1040A short form for filing your
income tax, well within the capabilities of the person registering the copyright. A patent, on the other hand, is much more costly; there are fees to the Patent and Trademark Office, and the patent application process is much more complex, usually requiring the services of a registered patent agent (and perhaps a lawyer) to draft and prosecute the application, adding to the cost.
Philosophically, you can look at a copyright as protecting the author's rights that are inherent in the work; in contrast, a patent is a reward of a statutory monopoly to an inventor in exchange for
providing the details of the invention to the public.
Subject matter: A copyright covers "works of authorship," which essentially means literary, dramatic, and musical works, pictorial, graphic, and sculptural works, audio-visual works, sound
recordings, pantomimes and choreography. A patent covers an invention, which essentially means a new and non-obvious useful and functional feature of a product or process.
Requirement for protection: In order for a work to be copyrighted, it must be original and fixed in a tangible medium of expression; no formalities are required (see section 2.3). In order for an
invention to be patented, it must be novel (i.e., new), non-obvious, and useful and a patent must be issued by the United States Patent and Trademark Office.
Start of protection: Copyright protection begins as soon as a work is created. Patent protection does not begin until the patent is issued.
Duration: A copyright generally lasts for the life of the author, plus 50 years (see section 2.4). In the U.S., a patent lasts for 17 years from the date granted (in some nations, particularly Japan and most European nations, the duration is 20 years, and is measured from date of application).
Infringement: For a copyright to be infringed, the work itself must have actually been copied from (either wholly or to create a derivative work), distributed, performed, or displayed. If a person other than the copyright owner independently comes up with the same or a similar work,
there is no infringement. In contrast, a patent confers a statutory monopoly that prevents anyone other than the patent holder from making, using, or selling the patented invention. This is true even if that person independently invents the patented invention.
Cost: A copyright is essentially free. Even if you want to register the copyright, the cost is only $20, and the paperwork is much less complicated than the 1040A short form for filing your
income tax, well within the capabilities of the person registering the copyright. A patent, on the other hand, is much more costly; there are fees to the Patent and Trademark Office, and the patent application process is much more complex, usually requiring the services of a registered patent agent (and perhaps a lawyer) to draft and prosecute the application, adding to the cost.
Philosophically, you can look at a copyright as protecting the author's rights that are inherent in the work; in contrast, a patent is a reward of a statutory monopoly to an inventor in exchange for
providing the details of the invention to the public.
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