Which is better Patent or Copyright? 25 Facts

Which is better Patent or Copyright? 25 Facts   

Patents and copyrights have been used in protecting intellectual property for decades but their operational differences prove to be the determinant factor on which will be workable. Here are 25 facts that define their coverage and protection features:

Patents 

Patents provide blanket protection of innovations

A blanket protection involves the overall system of a creation including utility and design which is beneficial in comparison to copyrights which only cover the tangible element.

Intellectual infringement

A copyright only covers against exact duplication which leaves the door for generic creations using the same ideas but a patent is effective in covering against intellectual infringement through the pathway of production from the idea phase to the formulae used to make the creation.

Covers intangible creations

Copyrights cover writings and publications that are tangible but a patent goes a step further to cover the intangible creations including a design, idea, utility setting or formula used to achieve a desired end.

Protection against patent trolls

The goal of a patent is mainly to protect the intellectual property and in doing so it also protects against patent trolls with the goal of exploiting creative aspects of the innovations by others.

Protects the innovator against exploitation

A patent protects the innovator against exploitation by larger establishments that target derivatives and generic outputs.

Covers ideas behind creation

Copyright does not cover factual information but a patent is able to cover the ideas behind a creation ensuring the creative element of an innovator is recognized.

Defines functionality

A patent covers and stipulates functionality of a creation which is a factor that a copyright fails to capture and expound on.

Covers utility

A patent covers the utility of a creation which is a significant difference from the coverage that a copyright holds.

Form of expression

A patent is a form of expression in that it clearly stipulates what a creation is all about but a copyright lacks the details that express the innovation.

Compares new works with registered

A patent application leads to the comparison of new works with already registered innovations which is different from copyrights where a check is not instituted unless in the event of a dispute.

Protects the design

As opposed to copyright, a patent protects the design of a creation giving the owner of the patent a comprehensive coverage.

It is comprehensive

A patent is comprehensive in the sense that it requires the applicant to clearly spell out what makes the innovation unique and original.

Covers plants

A patent can be used to protect an innovation in plants which is not possible with a copyright since the essence of reproduction in plants is not tangible.

Protects against derivatives

Copyrights only cover duplication but are not effective with derivatives but a patent covers the production of derivatives ensuring total protection of an innovation.

Exclusive rights

Patents are best when it comes to covering exclusive rights and ensuring that a patent holder retains all rights to the creation.

Copyrights 

Used in dispute resolution

A copyright is mainly used in dispute resolution where a straightforward determination is made depending on the date of registration of the copyright which traces the owner of the copyright seamlessly.

Has a long serving period

Copyrights have a long serving period usually the lifetime of the inventor which extends up to 70 years but patents last an average of 20 years from the date of issuing.

Cover tangible forms of creation

A copyright covers the tangible forms of creation be it the publishing works or creative writings that have been presented in tangible format.

It is systematic

It is easy to file a copyright since all that is needed is the date of publishing and a notice of the originality of the works.

It is automatic

A copyright is automatic in the sense that it comes into existence as and when the creation is published even without formal filing.

Its worldwide

A copyright is worldwide as long as the mark and publishing date has been included and clearly stipulated and this restricts reproduction of the material.

Easier enforcement

It is easier to enforce a copyright since it is presented in the tangible works and also comes into existence as and when the creation is produced.

Eliminates complexities

Protecting intellectual property is tough but copyrights eliminate the complexities by ensuring a creation is effectively covered as and when its tangible form is presented.

It is a legal designation

A copyright is a legal designation that not only restricts duplication but prosecutes the same and is majorly used to identify an owner.

Cheap and practical

Copyrights are cheap and practical in the sense that they protect any tangible original creation as opposed to features and intangible elements as with patents.

Placing all these factors into consideration, the role of a patent appears comprehensive though it is detailed and complex to be handled at an instance. Copyrights on the other hand are seamless in their operation and more straightforward. A clear point to note however is that patents and copyrights are tuned to protect different kinds of intellectual property and in the cases where they overlap, it is advisable that both are sought to increase the overall protection and restrict the loopholes that patent trolls and infringing parties exploit.

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