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What is the difference between a patent, a copyright, and a trademark?

10/4/2016

 
A patent is the right to exclude others from making, using, offering for sale, selling, or importing an invention as defined by the claims of the patent. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions.   

A
 copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.  

A 
trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. 

It is possible for a single item to contain patented subject matter, copyrighted subject matter, and trademarked subject matter.  For example, consider a belt.  The belt may have an improved mechanical fastening mechanism, which could be the subject of a patent.  The face of the belt buckle may also feature a very detailed engraving or embossed area of horses running through a field, which could be the subject of a copyright. The belt could also bear the name of its manufacturer "Jordache," which could be the subject of a trademark.

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