Patents vs Copyright vs Trademark: Key Differences

Introduction

Human beings, since time immemorial, had a desire to possess and own something which they consider as their own. This property can be either corporeal (tangible) or incorporeal (intangible). In R. C. Cooper v. Union of India[1], the Supreme Court defined the property to mean “the highest right a man can have to anything being that right which one has to lands or tenements, goods or chattels which does not depends on another’s courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trademarks, copyrights, patents and even rights in personam capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, especially with reference to transfer or succession, and of their capacity of being injured.”[2] 

With the growth of human intellect and creativity, the law has recognized that creations of the mind also deserve protection. Accordingly, intellectual property law grants proprietary rights over such creations to their creators. This legal protection encourages innovation, creativity, and fair competition by ensuring that individuals can benefit from the products of their intellectual efforts.

What is Intellectual Property?

An Intellectual Property is sometimes defined as ‘Knowledge Goods’[3]. Intellectual Property is an intangible property which is the product of creativity originating from the mind (intellect) of a human being, and the right exercised by the creator or owner over such property is called Intellectual Property Right.

A key feature of intellectual property is that it relates to information or ideas that can be embodied in tangible forms. These creations can be reproduced in multiple copies and distributed across different locations worldwide. However, the property does not lie in the physical copies themselves, but in the underlying intellectual content or information represented by those copies.

With the growing importance of intellectual creations, IP has gained international recognition and protection. It is primarily governed by the World Intellectual Property Organization. According to Article 2(viii) of the Convention Establishing the World Intellectual Property Organization (WIPO) 1967, intellectual property includes right relating to (i) literary, artistic and scientific works; (ii) performance of performing artists, phonograms and broadcasts; (iii) inventions in all fields of human endeavour; (iv) scientific discoveries; (v) industrial designs; (vi) trademarks, service marks and commercial names and designations; (vii) protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Further, with the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995, intellectual property rights became an integral part of the global trade framework under the World Trade Organization.

Today, in India and globally, the main categories of Intellectual property include: Copyrights, Patents, Trademarks, Indutrial Designs, Geographical Indications and Trade Secrets. Of this, in this article, we will discuss key differences between copyright, patent and trademarks.

Meaning and definition

Patent

Patent relates to invention. It denotes monopoly rights with respect to an invention and it is considered as a “reward for inventor”[4]. It is not an affirmative right to practice or use the invention; it is a right to exclude others from making, using, importing, or selling patented invention during its term.[5] Three basic requirements must be satisfied before a patent is issued: novelty; non-obviousness, and utility.

Copyright

Copyright is the exclusive right to do and to authorise others to do and restrain others from doing certain acts in relation to a literary, artistic, dramatic, and musical work, including photographs, films and performance of artists. For a work to be copyrighted, it must be original and material.

Trademark

A trademark protects symbols, names, logos, or signs used to distinguish goods or services of one business from another. There are three essentials of trademarks. First, it should be a mark. Second, it should be capable of being represented graphically. And third, it should be capable of distinguishing the goods or services of one person from those of others.[6]

Key Differences

Basis	Patent	Copyright	Trademark
Purpose	Protects inventions and technological innovations.	Protects original literary, artistic, and other creative works.	Protects brand names, logos, and symbols.
Subject matter	Products and processes (Inventions)	Original literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings.	Words, logos, slogans, symbols
Objective	Encourage innovation and scientific advancement.	Encourage creativity and expression.	Distinguish goods/services and prevent consumer confusion.
Requirement	Must be novel, involve inventive step, and be industrially applicable.	Must be original and fixed on a tangible object.	Must be distinctive and capable of identifying source.
Registration	Mandatory	Automatic (registration optional by beneficial)	Registration recommended for stronger protection.
Duration (India)	20 years from filing date.	Lifetime of author + 60 years.	10 years (renewable indefinitely).
Governing Law (India)	Patents Act, 1970	Copyrights Act, 1957	Tarde Marks Act, 1999
Rights Granted	Exclusive right to make, use, sell, or license invention	Right to reproduce, distribute, perform, adapt work	Exclusive right to use mark and prevent unauthorized use
Examples	Apple's 1980 patent for the personal computer or Amazon's "1-Click" buying process.	Novels like ‘Famous Five’; Movies like ‘Dhurandhar’; Music Piece like ‘River Flows in You’ by Yiruma.	Brand names like Apple and Nike, logos like McDonald’s Golden Arches, and slogans like "I'm Lovin' It,"

Conclusion

Patents, copyrights, and trademarks serve different but complementary roles in protecting intellectual property. While patents encourage technological advancement, copyrights promote artistic creativity, and trademarks ensure fair competition and brand recognition. Understanding these differences is essential for choosing the right form of protection.

Author: Ayushi Keshri, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] R.C. Cooper v. Union of India, AIR 1970 SC 564.

[2] V. K. Ahuja, Law Relating to Intellectual Property Rights, p.4 (3^rd ed., 2017).

[3] Bayer Corporation v. Union of India, Writ Petition No. 1323 of 2013.

[4] In Telemacanique & Controls (I) Limited v. Schneider Electric Industries SA, 2002 (24) PTC 632 (Del) (DB), p. 644.

[5] Supra Note 2, p.480.

[6] Lakshmikant V. Patel v. Chetanbhat Shah, AIR 2002 SC 275.