Patents and trademarks are both protected under United States intellectual property law. Trademarks and patents are two completely separate concepts that protect intellectual property differently.
To be sure, both trademarks and patents represent an individual’s or business’s rights to original ideas, concepts, branding, and inventions. Intellectual property law or intellectual property aims to protect and enforce the rights of inventors, creators, and artists.
A patent relates to ownership over an invention or idea which is granted by the United States Patent and Trademark Office after undergoing a patent application process. A trademark protects brand identities such as symbols, slogans, or logos that differentiate your product or service in the market.
What Is A Trademark?
Trademarks exist to protect more tangible assets than other forms of intellectual property. These assets include things such as words and designs associated with a product or brand. One example would be the Nike brand name and “Swoosh” logo.
Other forms of trademarks include:
- Slogans
- Logos
- Labels
- Signatures
- Color Palettes
- Design Systems
To register a trademark, one must file an application with the United States Patent and Trademark Office (USPTO).
What is a Patent?
A patent gives inventors and idea owners access to exclusive rights to their patented inventions. Patents are valid for a period of time that is predetermined by the US Patent and Trademark Office. Some examples of patentable subject matter include:
- New products, such as appliances, tools, medical devices, and toys
- New processes, such as industrial processing methods of processes
- Software
- Business methodology
Patents are granted by the USPTO after undergoing a patent application process. The patentee or inventor produces a complete public disclosure of their invention for protection against other parties reproducing, selling, or using the patented product or service.
What Is the Difference Between A Trademark and A Patent?
Trademarks are used to protect distinguishing symbols or signs that are associated with a brand, good, or service. Trademarks protect the features and service of the product itself. They grant the creator exclusivity to the service or product and can legally grant other third parties the right to use it.
Patents do not grant the inventor rights to sell or make an invention. Instead, they simply provide the inventor the right to exclude competition from using, making, or selling the patented invention. However, patents can be given away, transferred, mortgaged, licensed, sold, or abandoned. This makes it easier for creators and inventors to leverage their legacy how they see fit.
What is Copyright?
Copyright protects copyrighted material such as published and unpublished works, literary works, dramatic works, musical works, artistic works, and other intellectual works. Copyrights do not need to be registered before rights are granted.
Copyright gives creators exclusive rights to:
- Create work from original ideas
- Record creative work
- Display creative work
- Publish creative work
- Reproduce creative work
What Is Intellectual Property Law?
Intellectual property laws protect the creations, ideas, design systems, and various intangible assets generated by inventors, artists, businesses, and creators. Intellectual property law covers patent processes, trademarks, and copyright. Any inventor or creator must consider intellectual property laws before taking their product or service to the market. One reason for this is that failing to make certain considerations before releasing a product could result in a creator attempting to copyright or patent an idea that has already been legally protected.
When Should I Hire An Intellectual Property Rights Lawyer?
Intellectual property rights lawyers have been educated and trained to prevent copyright infringement for their clients. This means that their work directly impacts the inventor’s and creator’s ability to remain liberated and continue to create new and original work. For this reason, it could be crucial to hire an intellectual property rights lawyer in order to protect your ideas.
Perhaps you’ve invented a product that is gaining interest and traction from investors or started a company with the idea that is growing and evolving. An intellectual property rights lawyer can partner with creators to complete audits that will review your intellectual property assets, enabling you to have peace of mind about what you create. These audits – which are one of many services these types of lawyers provide – can bring to light ideas and inventions that should be copyrighted, preventing others from leveraging your ideas for their own use.
Patents and trademarks differ in many ways. Trademarks are available to protect logos and symbols that are unique to your service, product, or company. Patents enable inventors to keep competition from making a profit off of their original ideas. Due to the intricate nature of patent law and the nuances between the varying ways creators can and should protect their work, it can be helpful to enlist the help of a seasoned lawyer such as those available at Metrolex IP. These attorneys possess years of dedicated experience helping creative individuals protect their ideas and inventions.