Difference between patent, trademark, and copyright
Many people confuse the different areas of intellectual property (IP) law. To make sure that we keep this straight on this website, here is the difference between a patent, a trademark, and a copyright:
Patent: protects an invention (but not an idea itself)
Trademark: protection that identifies a source of goods or services (usually through a name or logo)
Copyright: protects an expression in a tangible and fixed medium (anything from writing on a paper, to artwork, to a newspaper, to computer software).
There is also "trade secret," but it's not as widely known. Patents, trademarks, and copyright (mostly) have to be fully disclosed to the public, and an application must be filed with the government to get full protection. In the case of patents, you have to file something to get protection. Trade secret basically keeps something secret, and is not filed with the government- and it is basically kept secret. It can be a formula (like the ingredients of Coca Cola), or a process.
posted by Owen @ 2:37 PM
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5 Comments:
What does one do in a situation where a name and artwork created by someone else are to be combined and protected for the purpose of creating and promoting a website for the purpose of selling tangible goods?
Does one need both?
If the rights for the name and artwork belong to another person or entity, you generally need to have the permission of that person or entity to use that. There are limited exceptions, for which you should contact an attorney for your specific situation.
If you have an original website, it is possible that it could be covered by patent, trademark, copyright and trade secret. If the website does something novel and unique, such as the Amazon.com one-click, then you can cover that with a patent. The name of the website (such as Amazon) can be covered by trademark. The wording and content of the website, including images, can be covered by copyrights. The way the website operates on the back-end may be covered by trade secret.
UNDER WHAT CATEGORY WOULD YOU CALL A PRODUCT INVENTED FROM A MIXTURE OF TWO COMMON BASIC PRODUCTS TO CREATE AN ENHANCED DIFFERENT LOOK???
I cannot give any opinion on such an abstract fact pattern- the invention could be covered by patent, trademark, and/or copyright. Furthermore, it is possible that your invention may infringe upon the valid patent(s), trademark(s), and/or copyright(s) of others. Consultation with an intellectual property attorney is highly recommended.
I need to know how to protect a busniness idea. It includes a website, consulting services, discount card program, networking group, advertising publication, e-newsletter, Non-profit organization affiliated with the project. A trademark is good for the name but what about the entire concept itself.
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