Saturday, March 28

Patent, Copyright and Trademark

There is a common notion that a “patent” is applicable to all kinds of creations. Actually a patent is different from a copyright or a trade mark.

A patent is an exclusive right granted by the State through the IPSO to a patent owner for a product, process or an improvement of a product or process for a specified period. Patentable inventions offer a technical solution to a problem in any field of human activity. The technical solution must fulfill three basic requirements: (1) it must be new, (2) it must involve an inventive step, and (3) it must be industrially applicable.

Copyright, on the other hand, is a branch of Intellectual Property which pertains to the rights given to creators or authors for their literary and artistic works. The domain of works includes writings, music, fine art (photography, paintings or sculpture) and technology-based works (computer software programs, websites and electronic databases). Copyright protects the expression of thoughts or ideas, not the thoughts or ideas themselves.

Meanwhile, a mark is any visible sign that distinguishes the products (trademark) or services (service mark) of an enterprise, which includes the container of the products or the packaging. If it is only a name or designation of an enterprise, it is termed trade name.

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