Patent Trademark Copyright Difference

 

Patents, trademarks and copyright all come under intellectual property and supports in safeguarding your property. For example, you are an author and own a bookstore, to protect the store logo, you need a trademark, a copyright to protect your write-ups, and a patent to protect your unique creation. So, let us discuss the patent trademark copyright difference briefly to know what you need and when you need each.

 

Patent

A patent is a right given to a new invention by which an inventor protects its unique product or a process which can be either new technology or new research. 

 

When to register for a patent (in which case)

You can apply for patent registration anytime after the successful completion of your innovation. For registration, you have to submit the whole process and every detail of your creation. Patent registration can be applied by the creator or co-created, either alone or together with another person. In some cases, a legal representative can also file for a patent.

 

Cost of registering a patent

The cost of patent filing is approximately rupees Rs. 1,000 to Rs. 20,000.

 

How to register a patent 

Conduct a brief search to check whether a patent for your invention will be available or not before heading to apply for patent registration.

 

Step 1: Drafting of patent application

1. After the search, the initial step for registration is to file an application form in FORM 1.
2. After filling FORM 1, the next step is to file FORM 2 in which the inventor has to provide all the specifications depending upon the phase of the invention (whether it is completed or partially completed). In some cases, a period of 12 months is given to the inventor to finalize the invention.
3. Along with the application, a patent draft is mandatory. This draft helps the officers to decide whether a patent should grant or not.

 

Step 2: Publishing a patent

The patent will publish in the official patent journal by the Indian patent office. Generally, this step is after 18 months of applying for registration. But in case if one wants to get it to publish sooner, request form 9 for early publication. 

 

Step 3: Examining of patent application

File FORM 18 for examination of the patent application. After filling the application, it passes to the patent officer who checks the application to certify the product is following the patent act and rules. Brief research, which includes the analyses of relevant technology in-depth and the objection to the same, is carried by the officer. This report is known as the First Examination Report(FER).

 

Validity of patent

Every patent is valid for 20 years from the day of filing the registration.

 

Trademark

A trademark is a unique logo, sign, title, symbol, or word which represents a company and helps in differentiating the goods or services of one company from another. Also, trademark registration protects your brand identity. 

 

When to register for a TRADEMARK (in which case)

An individual can apply for a trademark before or after successfully opening a business.

The following can apply for trademark:

• An Individual (Person)
• Joint Owners
• Proprietorship Firm
• Partnership Firm
• Limited Liability Partnership
• Indian Company
• Foreign Company
• Trust, or Society

 

Cost of registering a trademark

The government fee for trademark registration is Rs. 9000 per application per class for the company. The government fee for trademark registration is Rs. 4500 per application per class for the individual.

 

How to register a trademark 

 

Step 1: Research for trademark

When selecting a trademark, the owner should be very careful because a trademark creates brand value for the business. 

Therefore, a search should be conducted to know whether the chosen trademark is unique or not. 

Also, comprehend about the competitors for the same. 

 

Step 2: Applying for trademark registration

You can apply for a trademark by sitting at home online through the official IP India website using Form TM-A or physically at the trademark office.

 

Step 3: Examination of the trademark application by the officers

After submitting the trademark application form, the next step involves the government authority. They examine your trademark and issue an examination report within a month of applying for trademark registration.

If the trademark does not fulfil the criteria, the examiner calls the owner for a hearing. Otherwise, the trademark goes for the next step, which is publishing in a trademark journal.

 

Step 4: Publishing

After passing the examination round, the trademark advertises and publishes in the trademark journal for four months. 

In these 4 months, if there is no objection from the readers, it successfully registers as the trademark.   

 

Validity of trademark

Every trademark is valid for every ten years, after which you have to renew it.

 

Copyright

Copyright is for the author, writer, painter, and other literary and artistic workers. For this purpose, it protects a wide content from books, films, computer programs, databases, advertisements, maps, music, paintings, sculpture, and technical drawings. 

 

When to register for copyright(in which case)

Copyright protection is not compulsory. But, it is useful as it helps in protecting your hard work so that no one can copy it.

 

Cost of registering a copyright

The fees for copyright registration ranges from five hundred rupees to five thousand rupees depending on the type of the work.

 

How to register a copyright

Follow these simple steps:

• Form 4 includes all the work details to be sent with registration fees to the copyright registration.
• After submitting documents, the registrar will issue a dairy number. Then there is a waiting time of one month for any opposition.
• If there are no objections, the registration will be done and will be sent to the registrar for entry in the Register of Copyright.
• In case of disapproval, the examiner will send a letter for a hearing to both parties. After the hearing, if the objections resolve and approve the application.

 

Validity of copyright

Generally, the copyright lasts for life and 60 years after the owner's death.

 

Conclusion

This was the complete patent trademark copyright difference you need to know about and in which cases you need it.