difference between copyright and patent

[rookie1010]

Hello

Can you guys tell me what the difference between a copyright and a patent is?

 

[CptObvious]

Copyright protects works of expression, patents protect inventions (among other things, but that's the main thing).

 

[dullard]

You automatically (for free) get a copyright whenever you publish something to the world (book, article, blog, website, etc). Basically, a copyright means that no one else can copy (plagarize) you work. If they do, you may sue. But good luck proving damages or getting much money. You may also pay a small fee to get someone to check through your material and guarantee that it is your own work. However, paying this fee gives you no additional protection and may find that you cannot copyright parts (ie you stole parts).

A patent means you tell the world how to make your invention. In exchange, a government allows you to exclusively sell the invention for a period of about 17 years. If someone else tries to sell your patented invention in that country, you may sue and will likely win much if not all of the revenue generated (damages are easy to prove and money is easy to obtain). You must file a patent with each individual country that you want this protection. Patents start at about $20k for the US after attorney fees. Worldwide, you are looking at about $50k (plus the $20k for the US). Then you must pay yearly maintenance fees of a few thousand dollars.

 

[rookie1010]

so if something is not novel, then we may copyright it (e.g. software may be copyrighted) but if it is novel then it may be patented.

so i guess windows xp is copyrighted not patented, correct?

 

[CptObvious]

Actually, there is a requirement of originality (novelty) in copyright as well, although it is not as high a standard as in patents.

Software (including operating systems) right now are only copyrightable (in the US and I'm pretty sure in the EU too). A patent would probably give more protection, because copyright is pretty limited in what parts of the software it protects.

 

[rookie1010]

if memory serves right, i dont think software is copyrightable in the EU

how is the novelty of a copyright determined?

 

[ecrespol]

Copywrites apply to the specific arrangement of the idea (the recipe if you will). Patents are more geared towards the end product (bunt cake). So copywrite will protect against someone copying a recipe from betty crocker word for word (substancially) and passing it off as their own, where as a patent would prevent others from selling bunt cakes.

HTH

 

[quakefiend420]

so when you see something listed as patent pending, does that mean you can still use someone else's idea until the patent is finalized?

 

[Vertimus]

Originally posted by: CptObvious
Actually, there is a requirement of originality (novelty) in copyright as well, although it is not as high a standard as in patents.

Software (including operating systems) right now are only copyrightable (in the US and I'm pretty sure in the EU too). A patent would probably give more protection, because copyright is pretty limited in what parts of the software it protects.

AFAIK, software patents are NOT in use in the EU. It's under heavy debate currently though.

 

[rookie1010]

copyrights seem to be more broad whereas patents seem to be more specific, correct/

 

[mchammer187]

patents last 20 years from the date of filing

copyrights are indefinite

 

[rookie1010]

i guess copyrights mean long term business for the lawyers while patents is short term big money

 

[sao123]

Originally posted by: quakefiend420
so when you see something listed as patent pending, does that mean you can still use someone else's idea until the patent is finalized?

No. Patent protection is retroactively in effect from the date of application until the decision is either apporved or denied. Noteworthy however, is that (if infringement takes place during patent pending stage) you cannot sue for damages until after the patent is granted affirmatively. Of course after it is approved, the protection continues... However, only after a patent has been denied, it goes back into public domain.

 

[yhelothar]

Originally posted by: CptObvious
Copyright protects works of expression, patents protect inventions (among other things, but that's the main thing).

thanks a lot... Captain Obvious..

 

[DVad3r]

Wow 20 k for a patent in the US? That's crazy. Here in Canada it's like 500 bucks.

 

[ajpa123]

So how does intellectual property fit into the world of copyrights and patents. Would someone with the knowledge enlighten me.. Thanks!

 

[yhelothar]

it's a copyright..

 

[sao123]

Originally posted by: ajpa123
So how does intellectual property fit into the world of copyrights and patents. Would someone with the knowledge enlighten me.. Thanks!

intellectual property is the entire reason for copyrights and patents.... to prevent someone from stealing and/or profiting from your thoughts & ideas.