Can Patents Be Copyrighted After Selling?

Confusion often arises between the concepts of patents and copyrights, leading to the question: can a patent description be copyrighted after it has been sold? This article explores this topic in detail, clarifying the differences and similarities between patents and copyrights, and addressing whether a description of a patent application can be protected under copyright.

Understanding Patents and Copyrights

Patents and copyrights are two different forms of intellectual property protection. A patent is a legal document granted to an inventor, conferring the right to exclude others from making, using, or selling an invention for a certain period of time. In contrast, a copyright is a form of legal protection for original literary, dramatic, musical, and artistic works, such as books, songs, and digital content.

Patent Protection

A patent protects a novel and non-obvious invention that has practical applications. The key aspects of a patent include:

Novelty: The invention must be new and not previously known. Inventive Step: The invention must involve an inventive step, not just a simple combination of existing ideas. Industrial Application: The invention must be capable of industrial application.

A patent is a legal document and does not itself create a creative work. Therefore, it is not subject to copyright.

Copyright Protection

A copyright, on the other hand, protects the expression of an idea, rather than the idea itself. This means that if you write a description of your invention with original content, you automatically own the copyright to that description, even before you sell the patent. The description must be original and unpublished to be protected by copyright.

Can a Patent Description Be Copyrighted?

Yes, the description of your patent application can be copyrighted if it is original and developed independently. This means that if you create a detailed description of your invention without referencing any existing works, you hold the copyright to that description. This protection remains even after the patent is sold, as the copyright is independent of the patent's ownership.

It is important to note that the patent itself is a legal document and not a creative work. As a result, the content of the patent cannot be copyrighted. The same applies whether you sell the patent or retain it.

Differences Between Patents and Copyrights

Patents and copyrights serve different purposes and protect different types of works. While patents are granted for technical inventions and innovations, copyrights protect creative works such as:

Literary works, like books and articles, Artistic works, such as paintings and sculptures, Musical compositions and recordings, Computer programs and software.

To illustrate the difference, consider the following examples:

Patents: A description of a new computer algorithm, a novel method of manufacturing a drug, or a unique design for a smartphone.

Copyrights: A website layout, a story, a painting, or a computer program.

Trademark and Patents

While patents deal with innovations and inventions, trademarks differ in the sense that they protect brand names, logos, and other identifiers used by businesses. Once a patent is sold, the trademark associated with the brand remains with the owner, and the licensee can continue using the trademark without granting additional rights.

Conclusion

Understanding the distinction between patents and copyrights is crucial for individuals and businesses wanting to protect their intellectual property. While a patent protects the technical aspect of an invention, a copyright protects the originality of the description and other aspects of the invention, even after it has been sold. By clarifying these concepts, we ensure that all forms of intellectual property are properly protected and respected.