Trademark Talks with Attorney Bailey (Part 2)
Brad Smith • Jun 25, 2020
Trademarks can be complicated. Attorney Amy Bailey talks through the differences between copyrights and patents and how although they serve the same purpose, they are used in different cases.
Trademark, copyright, patents, oh my!
Among trademarks, there are also copyright and patents. These are both different from trademarks. However, they both keep the service, product, or work in possession of the author.
What is the difference between copyright and a patent?
Copyright is the federal protection of an original work of authorship. Things like literary works, music, plays, dances, movies, sound recordings, and architectural works can be copyrighted. The copyright lasts for the life of the author plus 70 years. For example, Pablo Picasso was a famous painter. He died in 1973. Any paintings that were copyrighted are still under copyright laws until 70 years past his death. His paintings will not be public domain until 2043. Ideas, concepts, recipes, and useful articles are not able to be copyrighted.
A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions.
Two Types of Patents
- Utility Patents are functional and the most common type of patent
- Design Patents are used in a decorative sense
The application process typically takes 2-3 years and gives the author broad rights. This excludes others from making, using, offering for sale, selling, or importing the invention to someone else. Patents last 15-20 years after the patent was filed.
Which type is right for you or your business? Authors that have written books or songwriters that have written music copyright their works to protect others from stealing it. Trademarks and service marks are meant for businesses to secure that no one steals your idea and sells it for a cheaper price. If you are interested in going through the process, we are here to help you.
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