March 28, 2005
Type of Protection Utility Patent Design Patent Copyright Trademark
What is Protected? Functional Features of the Process, Machine, manufactured
item, or composition of matter Ornamental appearance of the articles
of manufacture Writings, Photos, Music, Labels, Works of Art Words,
Names, Symbols, or Devices
Criteria for Protection New and "nonobvious" New and "nonobvious" Originality
Used to identify and distinguish goods or services
How obtain Rights? Granted only by Fed. Govt. U.S. Patent Office Granted
only by Fed. Govt. U.S. Patent Office Common Law: Automatic upon creation.
Common Law: Adoption and Use (sometimes secondary meaning required)
Federal Publication with Copyright Notice & Registration of Claim
With Register of Copyrights Federal or State Registration: Application
and compliances w/ with statutes.
Life Time? 17 years from date from Federal Grant 14 years from date from
Federal Grant Common Law: Until publication. Common Law: As long as properly
used as a mark.
Federal: 28 years with : Renewal for Add'l. 28 yrs Federal Reg.: 20 years
(if formalities complied with) Renewable for 20-year periods.
Test of Infringement Making, using or selling in U.S. devices embodying
the claimed invention? Designs looks alike to eye ordinary observer? Substantial
portioned copied? Similarity? Likelihood of confusion, mistake or deception?
CAVEAT: This chart is obviously an over-simplified comparison of Patents, Trademarks, and Copyrights. Each of the words used above is a term of legal art and the subject of extensive litigation. The chart is intended only for very basic analysis.