when a person gets their invention or design patented, do they automatically get it copyrighted as well?....?

Question

same with trademark? how does it work? can you NOT get a design patented, but CAN get it copyrighted?

Answer 1

Ideas are not copyrightable, only creative works fixed in a medium. So, an invention can never be copyrighted, whcih is why the patent system exists for it. Trademarks apply only to brand names.

Answer 2

A patent and trademark and copyright are all different. A patent will not give you trademark protection or copyright protection.

A patent gives you that gives the inventor exclusive right to use and profit from the invention for a period of time.

A trademark is a word, phrase, symbol, or picture that identifies a company.

A copyright is a protection granting the originator of the copyrighted work the right to use, distribute, and/or profit.


Let say you invent a new type of kitchen chopper. Lets call it a Chopperific. Well, the patent application might have the name Chopperific on it somewhere but the title will more likely be something like "Kitchen Device for Cutting Carrots Utilizing Hyper Sound Frequencies". You will have the patent and anyone copying your invention will have to answer to you. However, lets say you never trademarked the name "Chopperific". Then someone else can start using that name. If they copy your invention then you can go after them, but they can freely use the name because you never registered it to protect yourself. A copyright is different. Lets say you have pictures of the Chopperific up on your website and you have those copyrighted. Well, if you catch someone using your pics without your permission then they are in trouble. A patent or trademark will not protect the pictures.

Answer 3

No, all a patent does is give you the right to stop others from making your invention

A copyright is totally different. Works of expression get copyrighted - books, music, art... You cannot get a copyright on an invention.

Trademarks are also different - trademarks distinguish sources of goods in the marketplace. You get a trademark simply by using the mark, but to get nationwide coverage you have to register it (there are other benefits to registering trademarks, but that is another topic).

EDIT - the poster right below me is incorrect. if you change one little thing in a patent you will not be able to get a new patent.

Reason - one of the requirements is that an invention be NEW and there is also the DOCTRINE OF EQUIVALENTS

Jared E is wrong as well. Having a patent DOES NOT give you the right to make the invention. It only gives you the right to keep others from making it. Example - you make a slight improvement on an existing patent. You cannot make the invention because it is patented, but the other patent holder cannot make your improvement.

Answer 4

Inventions get patented.
Trademark designs get registered.
Literature, images, and media (movies, songs) gets copyrighted.

How it works - go to the US Patent Office website.

Answer 5

There r so many way around things that r patented.All they have to do is change one thing n copy the rest n anyone else can invent the same thing as you.say u patended a food with flour baking powder an 1 egg all someone would have to do is patend there with 2 eggs or if u use baking powder they can use soda n copy.It sucks but it happens.

Answer 6

go to www.firstgov.gov to learn more about that there are govt website that explain the process and patent office and copyright office too.