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Copyright Patent

Two avenues that exist for those that seek protection of their intellectual property rights are copyrights and patents. Since these two protections are afforded to different to forms of intellectual property, it is important to understand the differences between the two. Copyrights cover forms of expression. Copyrights are covered by the Copyright Act of 1976 and in accordance with that act are granted to "original works of authorship." These can include works of literature, musical numbers, dramatic pieces, or artwork. In order to file for a copyright, one must go through the United States Copyright Office, which is part of the Library of Congress. Patents are property rights granted to inventors and offer "the right to exclude others from making, using, offering for sale, or selling of the invention in the United States," according to the United States Patent and Trademark Office (USPTO), a division of the U.S. Department of Commerce.

Fast Facts

  • The three types of patents that can be applied for are utility patents, design patents and plant patents.
  • Patents generally last for 20 years starting from when the application was originally submitted. Copyrights most commonly cover the life of the author and an additional 70 years before becoming public domain.

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