When an individual or
business creates something new, it Is important to protect that unique design,
product, logo, name, art or work of authorship. Most individuals and businesses
are aware that legal protections exist for new inventions and creations. But
not everyone is sure exactly what kinds of protections they need in order to
ensure that other individuals and businesses do not infringe upon the fruits of
their labor. Though both are popular and well known, what is the difference
between copyright and patent?
Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.
What Falls Under
Copyright Protection?
Unlike patents, which
protect physical inventions, new designs for existing products and certain
discoveries, copyright protection coversoriginal works of art and authorship
when expressed in tangible mediums. Literary, artistic, musical and dramatic
works of art are protected via copyright. In addition, computer software and
architecture may be protected by copyright as well.
An important difference
between copyright and patent is that copyright protections are
granted automatically. You do not need to file for a copyright per se, as
copyright protections apply, “the moment (a work) is created and fixed in a
tangible form that it is perceptible either directly or with the aid of a
machine or device” according to the U.S. Copyright Office. However, you cannot
generally file suit protecting your work against infringement unless your
copyright has been registered with the USCO. The USCO highly recommends
registering one’s artistic work because absent this process, copyright
protections cannot generally be effectively enforced.
What is Covered by
Patent Protection?
There are three
primary kinds of patent protectionavailable to businesses and the general
public. Plant patents protect new asexually reproducing plant species and
hybrids. Utility patents protect new products and processes, while design
patents protect new design elements integral to existing manufactured products
or processes. In general, works eligible for patents are novel, non-obvious and
useful, but some exceptions to this rule may apply.
It is worth noting that
unlike copyright protections, no patent protection is
granted automatically upon the creation of a product or process. Therefore, it
is imperative that inventors and businesses formally apply for patent
protection as soon as their work is prototyped and capable of reproduction.
Consult an Intellectual
Property Attorney
If you are
interested in registering a work of art or authorship or patenting a product,
process, design or discovery, please consider reaching out to an
knowledgeable intellectual property attorney in
Vietnam. We have extensive experience aiding both individuals and
businesses in obtaining the intellectual property protections that their works
are eligible for. The registration process and patent application process are
detailed and are often difficult to navigate. Filling out even a single section
of paperwork incompletely or incorrectly can result in rejection. Let our team
help you get this process right the first time around in order to better ensure
that your work is safeguarded from infringement as soon as it becomes eligible
for protection.
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