How to Differentiate Copyright Protection from Patent Protection

Copyright protection and patent protection are two different notions, but they seek to do the same thing: protect the intellectual property of a person or group of people. Copyrights protect the expression of an idea, and patents protect the result of an idea (e.g., a new machine or process). The Library of Congress oversees copyrights, while the U.S. Patent and Trademark Office oversees patents. It can take only a minute or so to determine whether your idea needs copyright or patent protection if it falls into an established category (e.g., a screenplay requires copyright protection, while an invention requires patent protection), but if your idea contains both artistic and practical elements, it may take several days or weeks to determine whether you need both types of protection.

Difficulty: Easy

Instructions

Things You'll Need:

• Internet access

Differentiate Copyright Protection from Patent Protection

1. Visit the Web site for the Library of Congress to read more about copyright protection (see Resources below). Essentially, to get a copyright, you need a copyright-able work, such as a piece of writing, music or art. You cannot copyright an idea.

2. Visit the United States Patent and Trademark Office Web site to read about patent protection (see Resources below). Patents are primarily intended to protect inventors of new products and processes. To get a patent, you will need to file a patent application with the help of a patent attorney or agent.

3. Organize your thoughts on your work based on what you've read to help differentiate between a copyright-able idea and a patent-able idea. Some inventions and creations are actually covered by a combination of patents, copyrights and trademarks. If, after doing your own research, you're still not sure how to seek intellectual property protection, contact an intellectual property attorney for a consultation.

4. Remember that if your idea expresses your personal vision and falls within the concept of a "work of art," then it would most likely need copyright protection.

5. Remember that if your idea would result in a product or process that could potentially be reproduced, then it would most likely need patent protection.

Tips & Warnings

• You do not need an attorney to gain copyright protection for your work. To successfully obtain a patent, you will usually need the services of a patent attorney.
• You will be liable for the payment of certain fees if you attempt to obtain a copyright or patent. One way to differentiate between copyrights and patents is that patents are much more costly and time-consuming. To get a patent, you must prove that the invention you are patenting will be useful and you must provide a complete description of it.

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