This article provides a comparison of copyright and patent. As indicated in the Copyright FAQ offered by the U.S. Copyright Office:
“Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works … copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”
Conversely, patent law provides protection for inventions or discoveries with three primary types of patents: utility patent, design patent, and plant patent. It should be noted that the aforementioned design patent article discusses the intersection of copyright and design patents.
The following chart highlights some of the primary differences between copyrights and patents.
Copyrights and Patents | Comparison
| Copyright | Patent | |
| Protection | Expression (non-functional) | Function/Structure (concepts) |
| Creation of Right | Automatic Upon Creation; however, Registration Provides Additional Protections and is Required to Bring an Infringement Lawsuit(see Copyright FAQ for further details) | Not Automatic, Patent Application Undergoes Rigorous Examination by USPTO and a Patent Grant is Not Guaranteed |
| Term | 70 Years After Author’s Death for Works Created on or After 01.01.78 – (see Copyright FAQ for other dates) | 20 years from filing for Utility and 14 years from Issue for Design (see MPEP 2701 – Patent Term) |
| Cost | Less Expensive | More Expensive |
| Infringement | Copying Required | Copying is Not Required |
| Breadth of Rights | Narrower | Broader |