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Intellectual Property

Patent Copyright

People often say they want to patent a song or an app, or to copyright a gadget. Patent and copyright protect different things, and picking the wrong one can leave the valuable part of a project uncovered.

Reviewed

01 GUIDE

Patent Copyright: what usually happens

What each one covers

Copyright protects original expression, such as text, code, images, music, and video, and it arises automatically once the work is fixed in some form. It does not protect ideas, methods, or functional features, however clever. A patent protects inventions such as machines, processes, and compositions of matter that are new and not obvious, and it comes only through examination and grant by the USPTO. A design patent covers the ornamental look of a product, which overlaps in places with what copyright can reach for artwork applied to products. Trademarks, which protect names and logos, are a separate system again and are often the right answer when the question is really about a brand.

When a project needs both

Software is the common example. The source code is protected by copyright, which stops copying of the code but not someone writing different code that does the same thing. A patent on a technical method the software performs can reach that independent version, though software-related claims face eligibility questions and need careful drafting. A consumer product may combine a patentable mechanism, a design patent on its shape, copyrighted packaging art, and a trademark on the name. Each right has its own filing route, cost, and length of protection, and the patent route is the one where public disclosure before filing can cost you rights.

Sorting it out before you spend

Before filing anything, it helps to describe what a competitor would most want to copy, whether that is the code, the function, the look, or the name. That answer usually points to the right tool. Bring a short description, any drafts or prototypes, and the dates you have shown or plan to show the project publicly. We use the first conversation to map which parts of the project fall under patent and copyright, what can wait, and what should be filed before the next public step.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about patent copyright and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.