patentinventionusa

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COPYRIGHT VS TRADEMARK VS PATENT WHAT TO CHOOSE?
KEY DIFFERENCES
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• Watching your invention or any idea to be under
  someone elses ownership, be it a book or a
  machine. So, you start considering the options to
  get copyright, patent or trademark for your
  product and legally have the authority. But what
  should you opt for? Should you trademark your
  product or get a patent for it? Dont worry as
  after reading this guide on Copyright Vs
  Trademark Vs Patent, you will have clear idea
  about-
• ? the difference between patents, copyrights and
  trademarks
• ? their costs and,
• ? which one is the best for you You will be able
  to make a sound decision on the basis of varying
  factors including benefits, duration and
  eligibility that come with each of them.

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Patents, Copyrights and Trademarks- What is Best?

• There are different ways to protect the product
  or service that come out of the veil as your
  creation. If you have clicked a photo or authored
  a book, then you will go for a copyright. You
  will opt for a trademark protection if you
  operate a business and a patent is likely to be
  your take on protection if you have created
  something that stands out and is of some use.
• In order to get your IP or Intellectual Property
  protected, you need to understand the right way
  to do it. It is an important question of what to
  choose between patents, copyrights and trademarks
  as each administers different products and
  duration along with multiple benefits.

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What is Copyright?

• A copyright refers to a collection of rights that
  are automatically endowed to you after you have
  composed an original work. In order to understand
  the rights under copyright, it is best to analyse
  them in a set of sticks wherein each stick
  expresses a right granted to you as the owner.
  This will enable you to see how to use or
  licences these rights. This collection of rights
  comes in different facets including the right to
  prepare derivative works, reproduce the work,
  distribute copies, display the work publicly and
  perform the work publicly.

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What is a Trademark?

• A trademark, as specified by the USPTO, refers to
  a word or phrase, symbol or/and design that
  expresses and distinguishes the form of the work
  of one entity from that of others. A service mark
  means a word, phrase, or any symbol, and/or
  design that distinguishes one form of creation
  from the form of a service rather than the item
  or goods. You can understand a trademark in the
  face of examples such as brand names, logos and
  slogans. Registering a trademark betters the
  rights of an individual by granting legal
  evidence as well as public notice of ownership.
  It acts as evidence enough of a nationwide right
  to the mark and enables the individual to sue
  anyone who practises infringement. Know that
  registered trademarks can use the symbol .

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Trademark Cost in the USA

• The cost of trademark registration in the USA
  depends on the class of goods and items. It also
  depends on the type of trademark application you
  are filing. Then, you also have to bear the
  maintenance cost for the same.
• The trademark federal filing costs around 350
  for a single class of goods and the legal fee
  will fall around 950. You will have to pay the
  same cost of filing registration for each class
  in case you have multiple goods and items that
  are categorised under different classes. Then
  there is an application for renewal which you
  have to file every 10 years. This will cost you
  525 as a filing fee

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What is Patent?

• A patent helps protect your original invention
  for a certain span of time and it is provided by
  the United States Patent and Trademark Office
  (USPTO). An incentive is given for companies/
  individuals for continuing to develop innovative
  products and/or services by granting the rights
  for producing a product without the risk of
  competition for the duration of the patent
  registration.
• As far as the cost of patents in the US is
  concerned, the figure varies from type to type.
  While a design patent costs between 2,000 to
  5,500, getting a plant patent will cost you
  between 4,500 and 7,620.

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Benefits of Copyright

• Legal Protection The most important benefit that
  a copyright registration comes bearing for you is
  under the law. The step of registration shelters
  your published work and keeps it safe and sound.
  In absence of such registration, it can be a
  challenging task for you to prove your case in
  court. For instance, a film producer may launch a
  movie that looks similar to one that has been
  released before but this movie cant be proved to
  be plagiarized in court without a copyright
  registration.
• No financial loss One of the major advantages of
  copyright protection is the prevention of
  monetary losses that may arise from copies of the
  original work being made out there. Works
  including music videos and books are examples of
  inventions showing how creation is copied and
  shared. A creation like movies or software is
  downloaded and shared illegally. It then results
  in a massive loss for the creators and authors.
  Copyright makes sure that the inventor is steered
  clear of any such risk of monetary downfall due
  to piracy.
• Prestige and Reputation Copyright registration
  makes sure that the reputation of the creator or
  author remains protected by taking care of their
  work. For instance, a music composer/ author can
  prevent shoddy copies of their work, avoiding any
  loss of reputation. One more advantage of
  copyright protection is that it allows the holder
  to enjoy the prestige that a certain work of
  composition belongs to them.

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Benefits of Trademark

• Exclusivity of Rights The owner of the Registered
  Trademark rejoices in the exclusive rights over
  the trademark. The owner can count on the same
  for all the products that fall under the classes
  applicable. The owner also enjoys the sole
  ownership of the Trademark and they can stop
  others from the unauthorised practice of the
  Trademark under the class where it is registered.
  It comes with the right to sue the person
  practising the unauthorised use of the Trademark.
  
• Recognition of Product A trademark makes it easy
  to spot your products. It makes your product
  recognizable and shapes its identity of products
  differently from that of other existing and
  foreseen products in the same field. Overall, it
  turns out to be an efficient commercial tool
  given that the logo easily conveys your vision
  and unique characteristics of your brand.
• The symbol Once you have got the trademark
  registered, you can start using the symbol on
  the logo stating that it is your registered
  trademark and others cannot use the same
  trademark. This symbol is exclusive to all kinds
  of usages and rights. In case someone else uses
  the trademark then you have the right to sue that
  party provided your trademark is registered.

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Benefits of Patents

• Safeguards the invention A patent allows you to
  enjoy the right to prevent others from
  manufacturing, copying, selling or importing your
  creation without your permission. It helps you
  safe-keep your intellectual property.
• Rights on the usage of the invention One of the
  important benefits of patents is that you can use
  this invention yourself. This is not it, you have
  the authority to licence your patent for anyone
  other than you to use it. You can also sell it.
• Monetary gains Since you have the right to sell
  your patent-protected invention, you enjoy the
  scope to welcome revenue for the business. Know
  that a number of businesses exist only to enjoy
  the royalties gained from a patent they have
  licensed.
• Safekeeping of Product for a Long Duration
  Another benefit of patents is that you can enjoy
  the protection of a patent for a predetermined
  period which also allows you to restrict your
  competitors to the bay.

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