Comparison of Patents, Copyrights and Trademarks

Patents
©
TM
20 years from filing
average  ~ 17 years from issue date
Life of author plus 70 years –or- for pseudonymous works, or works done for hire, 95 years from publication or 120 years from creation, whichever is longer.
Infinite, so long as you continue to use
Right to exclude others, even independent later inventors
Exclusive right to publish/perform/transform the work
Protects commercial identity, exclusive and covers unfair competition
Make, use, sell devices, processes, products, composition of matter
Photos, writings, art, music, architectural drawings….
Adopted/fanciful words, logos, slogans
Closest way to cover an idea
Covers expression of idea, not the underlying idea
Grows stronger the longer & more you use it
Covers the Technical How-To
Can approach character
Identifies source
1st Inventor Wins
Can have independent identical ©
Nix on similar enough marks to cause likelihood
of confusion
 

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