Intellectual Property: What is the difference between Copyrights, Trademarks & Patents?

Welcome. Today's topic is on the different forms of intellectual property, specifically the difference between copyright, trademark and patent. Let's begin with the 1 minute quick answer for TL Dr. Too long didn't read. Patents are inventions and discoveries. Think of advancements in technology such as medicine, manufacturing, smartphones, robotics and solar panels. Copyrights are original works of authorship. Think of literary works, books, artistic and musical content, a novel, film, even software code. Trademarks refer to a company's name, logo or slogan that identify the source of a good or service, such as Apple, Tesla or TED Talks. So to summarize a company's trademark rights in their branding, their name, logo and slogan is distinct from a company's copyright content such as articles, computer software and apps, which is distinct from a company's patents, their inventions such as 3D printing, self driving cars or VR technology. In the next segment, we will dive deeper into the categories of intellectual property. Segment 2 let's dive deeper into intellectual property. Commonly referred to as IP Intellectual property or simply ip comes in three general copyrights, trademarks and patents. In this segment, we'll identify each category, why it's important and what it's for. But let's start briefly with knowing why the difference between copyright, trademark and patents is important. I often hear incorrect statements from entrepreneurs and creators such as I need to copyright my logo or I need to trademark my content. And unfortunately, these misunderstandings can lead to false starts and a waste of time and money. So let's begin with some intellectual property basics, including examples so you know the correct IP category. Copyright. Copyright is used to protect original works of authorship. This means that protection is given to works of art, literature and other artistic expressions. Common examples of copyright include books, poems, art, sculptures, musical compositions, what we call songs, sound recordings, what we call the musical tracks or masters, photographs, motion pictures, dance choreography, architectural design, and also software code. Trademarks are used to protect a company's name as the source of a good or service. Think of the name, logos and slogans that relate to a company's branding. So common trademarks include, for example Nike for footwear and athletic clothing, their slogan just do it. And of course the Nike logo, Apple for computer hardware and software, their slogan think different and the Apple logo. Patents are used to protect inventions or discoveries such as advancements in technology, for example smartphones, solar panels, self driving vehicles, drones, AR and VR. Advancements in medicine such as CRISPR, gene editing, brain implants, exoskeletons, bionic eyes, advancements in manufacturing such as 3D printing, and new feats in engineering and Robotics. So these examples are given as a partial list intended to help you identify which category of IP may apply. Segment 3. In this next segment, let's compare copyright, trademark and patents on a scale of the most common and least expensive to register to the least common and most expensive to register. Think of it this way. Almost all entrepreneurs, entertainers, or other creators will have some form of copyright issue. Most will have a trademark issue, but not everyone will have a patent issue. So copyright is the most common and least expensive to register. Trademarks are in the middle, and patents are the most complicated, harder to protect, and the most expensive to register. So let's begin with the most common and least expensive copyright. Copyright is the most common form of ip. This is because a copyrighted work can be created even if you're not formally organized as a business. And and because copyright covers many different types of original creations. For example, if you create art, write poetry, compose songs, take photographs, write articles or blogs, code software or apps, produce music, shoot films, create dance choreography, whether as an amateur or a professional, copyright applies. Trademarks refer to the brand name, the logo, and the slogans that are associated with a particular good or service. Importantly, the purpose of a trademark is to distinguish one company's goods and services from another. So here's some more insights on this. Most entrepreneurs and creators think of trademark rights in connection with the time and effort that they put into their branding and marketing. But importantly, a key value of the trademark is protecting the public's interest, too, so that the public can have confidence that when they go out to make a purchase, that they were getting that product from a genuine source, it's not counterfeit, or even just from a different company. And further, it's important to know that the Trademark Office and the Copyright Office are two completely different processes for application, so I encourage you to avoid costly errors. For example, do not submit your company name and logo to the United States Copyright Office for copyright registration. The Copyright Office will reject the logo in the application, and then they will direct you to the Trademark Office. But your fees will not be refunded and you will need to start over. So onto patents. Patents relate to inventions and discoveries that come in two different types, utility patents and design patents. Utility patents, as the name indicates, relate to how a thing is used, how it works, how it functions. And design patents, as the name indicates, relate to how a thing looks, for example, its external shape, its form, its configuration. Right, the design. So design patents protect this outward appearance, but not the inward structure, not the inward function. Utility patents protect the function. Now, Sometimes an article what they refer to for patents will qualify for both a utility and design patent, but sometimes it will qualify for just one or the other. A qualified intellectual property attorney can assist you with these copyright, trademark and patent issues. But importantly, if you are looking for a patent attorney, then you must hire a licensed patent attorney. A copyright and trademark attorney that is not a licensed patent attorney will not be able to help you with your patent issues. And a final recap. Patents relate to inventions and discoveries. Trademarks relate to the source of a good or service. Think a company name, logo or slogan. Copyrights relates to works of original authorship. I hope today's session on Intellectual Property Basics helps you distinguish the differences between copyrights, trademarks and patents. For more information, you can go directly to the United States Patent and Trademark Office, which is@USPTO.gov as well as the United States Copyright Office at copyright.gov and importantly, please pay attention to the following disclaimer the information in this webinar is purely informational. It's general education and may not reflect all developments or information. This webinar is also public, so please do not share any private or confidential information in any Q and A chat or in the comments. And as such, please know that this is not legal advice nor does it create any attorney client relationship. Thank you very much and we look forward to seeing you soon. Bye.