What is the difference between patent and copyright? 3 Answers as of December 21, 2010

I am in the process of creating something, but I am confused about what I need to do to protect my rights and my product. What is the difference between a patent and a copyright? Do I need to get both?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
I cant answer the question since I do not know what you have invented or created. Basically patents are for inventions copyrights are for works of art.
Answer Applies to: Oregon
Replied: 12/21/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
A patent is obtained to protect an idea whereas a copyright is registered to protect an expression of an idea. For instance, if you write a computer program that ,when implemented on a mobile device like a smart phone, connects the mobile device to the network in a novel and
non-obvious manner, that computer program is patentable. However, the computer program itself, as manifested by lines of codes, can be copyrighted as an expression of the idea of connecting a mobile device to a network.
Answer Applies to: California
Replied: 12/20/2010
DANIEL NESBITT | Hasse & Nesbitt
Patents and copyrights both protect intellectual property. Patents can include utility patents that give the inventor exclusive rights to the claimed article, device, or process, or a design patent that covers ornamental design of an article or device. Copyrights are granted to the creator of original artistic and literary works, including songs, music, and literature.

Rights in a patent must be obtained by filing of a patent application with the US Patent and Trademark Office. Copyrights can be protected under common law by use of the well-known "circle C", along with the name of the creator and the year. The copyright can also be registered with the US Copyright office. Patents and copyrights may have some overlap, but creator/inventor is not required to obtain both.

Please consider contacting me at your earliest convenience to discuss your patenting and copyright needs, and my services that you may need.
Answer Applies to: Ohio
Replied: 12/20/2010
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