Software Licencing And Copyright Questions Long
Copyright and patent are both forms of intellectual property protection, but they differ in terms of what they protect and how long the protection lasts.
Copyright is a legal right granted to the creator of an original work, such as a book, music, artwork, or software. It provides exclusive rights to the creator to reproduce, distribute, display, perform, and modify their work. Copyright protection is automatic and arises as soon as the work is created in a fixed form, without the need for registration or any formalities. In most countries, including the United States, copyright protection lasts for the life of the creator plus an additional 70 years after their death. Copyright protects the expression of an idea, not the idea itself.
On the other hand, a patent is a legal right granted to an inventor for a new and useful invention or process. It provides exclusive rights to the inventor to make, use, sell, or import the invention for a limited period of time. In order to obtain a patent, the inventor must file a patent application with the relevant patent office, disclosing the invention in detail. Patents are granted for a specific period, typically 20 years from the date of filing the application. Unlike copyright, patent protection requires a formal application process and examination by the patent office to determine if the invention meets the criteria of novelty, non-obviousness, and usefulness.
In summary, the main differences between copyright and patent are:
1. Subject matter: Copyright protects original works of authorship, while patents protect new and useful inventions or processes.
2. Protection duration: Copyright protection lasts for the life of the creator plus an additional 70 years, whereas patent protection typically lasts for 20 years from the date of filing the application.
3. Formalities: Copyright protection is automatic and arises upon creation, while patent protection requires a formal application process and examination.
4. Scope of protection: Copyright protects the expression of an idea, while patents protect the underlying invention or process.
It is important to note that copyright and patent protection can coexist for certain works, such as software. In such cases, the software code may be protected by copyright, while the underlying innovative features or algorithms may be protected by patents.