What is a Trademark vs. Copyright vs. Patent

Stepping on Mars is the next giant leap that humanity is prepping for. Sam, a scientist, has invented a device called the Protocet, essential for developing cryo-chambers. He and his team prepared write-ups and created a logo for his new website. Sam wants to register his Intellectual Property.

Trademark: Sam has a name and logo for his invention. Both of which are unique. Thus, anything that distinguishes one undertaking from another is capable of constituting a trademark. The Madrid Agreement (1891) provides contracting nations with a single and efficient international trademark registration form. It eliminates the need for filing and prosecuting separate registrations in multiple countries.

Copyrights: Under copyright law, anything you express through your artistic or literary work is protected. You do not have to file an application for exclusive rights to your work. The protection is conferred when it is created. Copyright law is governed by the Berne Convention (1886) at the global level. It protects the works and rights of artists and authors. Ideas may not necessarily be original but their expression must be original. The term of protection during the lifetime of the writer or artist is fifty years.
These are the three main constituents of Intellectual Property Rights.

Patent: An invention of a new product or a process of manufacturing a product is protected by patent law. The agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) recognises these three as the essential elements to conferring patent rights on an invention i.e., an invention should:

• Be new
• Involve an inventive step, and
• Be capable of industrial application.

A patent is an exclusive right granted for a limited period of twenty years. So, Sam’s invention, “Protocet,” is protectable under patent law because it is an invention that is new and capable of industrial application.