Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ:
What is a Patent?
A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. To be eligible for a patent, an invention must be novel, non-obvious and useful. Patents give inventors exclusive rights over their inventions.
Some things that can be patented include mechanical devices, chemical formulas, software, pharmaceuticals, gene sequences and more. The owner of a patent has the right to decide who can use the patented invention, and can sue for patent infringement if someone else makes, uses or sells the invention without permission during the patent term.
What is a Trademark?
A trademark is a word, phrase, symbol or design that identifies the source of a particular product or service. Trademarks protect things like company names, logos, slogans and the unique “trade dress” of products. Trademarks can be renewed indefinitely as long as they continue being used in commerce.
The purpose of a trademark is to prevent consumer confusion about the source or sponsorship of a product. For example, Coca-Cola’s name and bottle design are protected trademarks. Trademark law prevents other soda companies from using similar names or bottle designs that could confuse consumers. Unlike patents, trademarks don’t expire after a set term of years and they don’t have to be novel or non-obvious.
Key Differences:
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Patents protect inventions and new technologies, while trademarks protect brand identities, names, logos and designs.
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Patents expire after a set term; trademarks can be renewed indefinitely.
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Patents must be novel and non-obvious; trademarks don’t have to be.
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Patent owners can sue for patent infringement; trademark owners can sue for trademark infringement.
In summary, patents provide protection for functional inventions, while trademarks protect ownership of brands and recognizable designs. Understanding these key differences allows companies to properly protect their intellectual property using the two systems.