Copyright and Patent are two types of legal protections for intellectual property. Copyright protects original works of authorship, such as books, music, and software. It gives creators exclusive rights to reproduce and distribute their works. On the other hand, a Patent protects inventions, processes, or designs. It grants inventors the exclusive right to use and sell their creations for a limited time. Both Copyright and Patent aim to encourage innovation and creativity by providing creators and inventors with legal rights and protections for their work.

What is Copyright?

Copyright is a legal concept that gives the creators of original works exclusive rights over their creations. These creations can include things like books, music, art, software, and more. With copyright protection, creators have the sole right to reproduce, distribute, perform, display, or adapt their work. This means others cannot use or profit from their creations without permission. The government has implemented the Copyright Act, 1957 in India to protect the original author of work and to provide a remedy in case anyone tries to copy their work. Copyright is automatically granted to creators as soon as their work is created and fixed in a tangible form, such as writing it down or recording it. However, creators can also choose to register their copyright with government authorities for additional legal protection. Copyright ensures that creators can benefit financially from their work and have control over how it is used or shared. It’s an essential tool for protecting Intellectual Property and encouraging creativity and innovation in various fields.

Additionally, India has signed the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which addresses Intellectual Property Rights (IPR) related to trade, and is also a member of the Rome Convention of 1961. The government of our country has amended the Copyright Act, 1957 thrice till now and the latest amendment in the act came in 2012. After this amendment, the government ensures that by this act they not only provide protection to the original creators of the work but also promote creativity, innovation, and cultural development in the society.

What is Patent?

A Patent is a legal protection provided by the government to inventors for their creations. It grants them exclusive rights to their invention, meaning others cannot use, sell, or distribute it without their permission. To obtain a patent, inventors must file a formal application with the relevant government authority, disclosing all details about their invention. The application undergoes examination to ensure the invention meets certain criteria, including novelty, usefulness, and non-obviousness. If granted, a patent provides the inventor with the exclusive right to exploit their invention for a limited period, usually 20 years from the filing date. Patents encourage innovation by rewarding inventors with the opportunity to profit from their ideas and giving them a competitive advantage in the marketplace.

Section 2 (m) of the Patents Act, 1970 defines the term Patent as “a patent for any invention granted under this act. The main objective of the Patents Act, 1970 is to protect and safeguard the intellectual products.”

Difference between Copyright and Patent