Every entrepreneur wants a smooth growth trajectory for their company once it’s successfully established and running. While encountering no challenges is rare, mitigating them is indeed possible. There are numerous strategies available to minimise the various obstacles that can arise when launching a business. Obtaining copyright protection for literary works and patents is among the most recognisable and important steps. Though there are major differences between copyright and patent protection in India, these measures share the common goal of safeguarding your assets.
Copyright and patent are often confused terms, yet they are distinct from each other. Their primary similarity lies in their capacity to provide protection and their legality. In this blog, we shall understand the major differences between copyright and patent protection in India.
Copyright Law in India
Copyright registration serves as a legal shield granted to authors of “original works of authorship,” encompassing various forms of intellectual creations, such as literature, art, music, drama, and more, regardless of whether they are published or not. It’s important to note that copyright protects the specific expression of an idea, rather than the idea itself.
To illustrate, consider the scenario where copyright is applied to a technical equipment description. This form of protection prevents direct replication of the description, but it doesn’t hinder others from generating their own versions. The process of obtaining copyright involves registering with the Copyright Office. Artworks under copyright are shielded from unauthorised parties attempting to profit from them. The copyright holder, usually the artist, gains exclusive rights to reproduce, distribute, and adapt the work without limitations. Copyright applies solely to tangible forms of expression and takes effect as soon as the creative work is finalised.
Patent Law in India
Patent registration is a legal instrument that offers strong protection but can be challenging to acquire. Patents are typically not granted automatically; instead, they require approval from the relevant government authority. Patents pertain to novel, unique, and groundbreaking inventions that present innovative solutions to longstanding issues.
Securing a patent can be a time-consuming endeavor, often involving a year-long waiting period for application approval. The most critical phase is the examination stage, during which a patent examiner meticulously evaluates the invention based on predetermined criteria. The examiner rigorously assesses the invention’s originality, distinctiveness, and absence of overlap with prior inventions. The review period can vary from several months to a year, contingent on the complexity of the innovation.
Exclusive Rights and Usage associated with Patents
Once a patent is granted, the inventor gains exclusive rights to utilise the invention according to their terms. This might involve commercialising the invention through sales or fundraising for business endeavours. In essence, a patent confers absolute authority to the inventor, allowing them full control over their creation.
It’s crucial to note that a patent applies only when an idea is transformed into a tangible, practical form that provides solutions to specific problems. Generally, patents can be obtained for processes, compositions of matter, and equipment. This legal framework incentivises innovation by safeguarding the fruits of inventors’ labor and encouraging further progress.
What Are the Key Differences between Copyright and Patent?
There are major differences between copyright and patents in India, which must be understood for entrepreneurs planning to protect their intellectual property rights under the Indian law. The difference between them can be understood through the following table:
| Basis | Copyright | Patent |
| Legal Basis | Governed by the Copyright Act, 1957 | Regulated by the Patents Act, 1970 |
| Definition | Grants legal rights to creators of artistic works. Inclusive of rights like adaptation, reproduction, distribution, etc. | Statutory right from the government to safeguard an invention for a limited time. Prevents unauthorised sale, remake, or import. |
| Applicability | Limited in scope, applicable to specific types of work. | Protects technical advancements embodying novelty and uniqueness. |
| Examples | Applied to artistic works like poetry, music, film, artwork, photography, etc. | Guards inventions involving compositions, elements, and processes. |
| Duration | Validity for 60 years, extends even after the owner’s demise. | Lasts for 20 years from the application date. |
| Usage | Allows reproduction and distribution of original work. | Prevents theft of invention concept, restricts sales and imports of patented item. |
| Application | Artists and creators can apply for registration at any time. | Invention must not be publicly disclosed or available in the market for a patent to be obtained. |
Key Points on Copyright and Patent in India
Some other key points to be noted in the differences between copyright and patent are:
Distinguishing Focus
Copyright and patent are distinct legal mechanisms catering to different creators. Copyright primarily serves authors, while patent is geared towards inventors.
Application Scope
Copyright finds common use among companies seeking to safeguard their creative and intellectual outputs. In contrast, patents are typically pursued for the protection of technological advancements and medical inventions.
Subject Matter Emphasis
Copyright is particularly relevant to fields such as art, music, and photography, where creative expression takes center stage. On the other hand, patents are applied to safeguard novel technologies and medical devices.
Duration of Protection
The duration of copyright protection is long, spanning to 60 years, contingent on some factors. In contrast, patent protection typically lasts for a shorter period, ranging for 20 years.
These key points provide a concise overview of the fundamental differences between copyright and patent protection, highlighting their respective focuses, application areas, subject matter coverage, and the duration of rights granted.
Final Thoughts
In the dynamic world of business, safeguarding intellectual property rights is paramount. Though there are many differences between copyright and patent, they still share a common objective which is preserving creativity and innovation. Copyright, regulated by the Copyright Act of 1957, shields artistic expression, granting creators exclusive rights over their work. In contrast, patents, governed by the Patents Act of 1970, secure inventors’ novel solutions for a limited period, promoting technological advancement. Copyright shelters artistic ingenuity, while patents fortify inventive progress. Understanding these differences between copyright and patent equips entrepreneurs to move through the complexities of protection, ensuring their creative and innovative endeavours flourish under the umbrella of legal security.
