Key Takeaways

  • The difference between patent and trademark lies in what they protect: patents cover inventions, while trademarks protect branding.
  • Patents grant exclusive rights to make, use, and sell an invention for a limited period, typically 20 years.
  • Trademarks protect brand identifiers such as names, logos, slogans, and designs indefinitely, as long as they are used and renewed.
  • Copyright is another type of intellectual property that protects creative works like books, music, and software.
  • Choosing the right protection depends on whether you want to safeguard an idea, an invention, or brand identity.
  • Both patents and trademarks can increase business value by preventing competitors from misusing your intellectual property.

What is the difference between patent and trademark? A trademark is a symbol, phrase, design, and/or word that identifies and distinguishes the source of the goods of one party from that of another. A patent is a defined duration property right granted by the United States Patent and Trademark Office that relates to an invention. Patentable materials include chemical compositions, industrial processes, manufactured articles, and machines.

What Is Intellectual Property?

An idea is only a thought until it's altered into something that has worth. Once converted, the design, product, or artistic work becomes intellectual property (IP). IP is codified as industrial property, which includes:

  • Copyrights, which cover literary and artistic works.
  • Inventions, which cover patents.
  • Industrial designs.
  • Trademarks.

IP is a legal term that refers to all creations of a person's mind that are recognized for exclusivity. Under IP law, the owners of the creations are granted specific rights to an assortment of intangible assets:

  • Inventions and discoveries.
  • Artistic, literary, and musical works.
  • Designs, symbols, phrases, and words.

The most common types of IP include trade secrets, patents, copyrights, and trademarks.

Why Intellectual Property Rights Matter

Intellectual property rights are essential for businesses and individuals who wish to protect their creative and commercial efforts. Without legal safeguards, competitors could copy inventions, brand designs, or creative works without permission. Strong protection encourages innovation by rewarding inventors and entrepreneurs with exclusive rights to profit from their creations. It also prevents consumer confusion by ensuring products and services can be reliably tied to their original source. In practice, IP rights create a system of trust and accountability in the marketplace, fueling both economic growth and fair competition.

What Is the Difference Between a Trademark and a Patent?

A patent is a right granted to an inventor by the federal government that allows the inventor to exclude other parties from using, selling, or making an invention for a specific period of time. The patent system was created to encourage inventions that are useful and unique to society. Congress was originally given the power to grant patents in the Constitution, and federal statutes and rules govern patents. Inventions are usually created as a solution to technological problems and can be a process or product. Similar to other property rights, patents may be:

  • Given away.
  • Transferred.
  • Assigned.
  • Mortgaged.
  • Licensed.
  • Sold.
  • Abandoned.

Any chemical, process, design, or machine can be patented. For example, the Apple iPhone design has been patented. Patents do not provide the inventor with a right to sell or make an invention. Instead, patents provide the owner with the right to exclude other parties from using, making, selling, importing, or offering the patented invention for sale.

Patent vs. Trademark: Key Differences at a Glance

Content:While both patents and trademarks are forms of intellectual property, their scope and duration of protection differ significantly:

  • What they protect
    • Patents: Safeguard new, useful, and non-obvious inventions, processes, or designs.
    • Trademarks: Protect brand identifiers—names, logos, colors, or symbols that distinguish goods or services.
  • Duration
    • Patents: Typically valid for 20 years from the filing date, after which the invention becomes public domain.
    • Trademarks: Can last indefinitely, provided they remain in commercial use and registration is renewed.
  • Purpose
    • Patents: Encourage innovation by giving inventors temporary market exclusivity.
    • Trademarks: Prevent consumer confusion and protect brand reputation.
  • Example
    • A new pharmaceutical drug formula is protected by a patent.
    • The drug’s name, logo, and packaging design are protected by a trademark.

What Is a Trademark?

A trademark is a visual symbol. It indicates a source of a service or a product that is distinguishable from other similar services or goods, examples include:

  • Numerals.
  • Combinations of colors.
  • Slogans.
  • Logos.
  • Labels.
  • Names.
  • Signatures.
  • Any of the above elements combined.

Basically, a trademark is a distinguishing symbol or sign which acknowledges certain services or goods. Trademarks may be used to safeguard:

  • Providers of services or products.
  • Features of services or products.
  • The service or product itself.

Trademarks provide protection to the owner of the mark by granting them with exclusivity. The owner has exclusive rights to use the mark or allow other parties to use it for a fee.

Types of Trademarks

Trademarks can take many forms beyond just words or logos. The USPTO recognizes several types, including:

  • Word Marks: Business names or product names (e.g., Nike).
  • Design Marks: Logos and brand symbols (e.g., Apple’s logo).
  • Sound Marks: Distinctive sounds that identify a brand (e.g., NBC’s chimes).
  • Color Marks: Specific colors associated with a brand (e.g., Tiffany blue).
  • Slogan Marks: Memorable phrases tied to a product or service (e.g., “Just Do It”).

Each type of trademark serves to distinguish a company’s offerings from competitors and helps build long-term brand recognition.

What Is a Patent?

A patent refers to the exclusive rights granted by the USPTO to the owner for a useful and new invention which involves an innovative action. A patent is valid for a predetermined period. It may either relate to a process or product. The main advantage to registering a patent is that it will allow the owner/inventor to have exclusive rights to the patented invention.

In exchange for complete public disclosure, the owner of the patent receives the right to prevent other parties from using, selling, producing, or importing a specific service or product. The inventor may authorize the patentee (agent) to use the invention even though they themselves have proprietary rights over the patented invention. There is no obligation for an inventor to register a patent. In other words, if there is no real use for the invention it may not be worth the cost to protect it. Inventing something patentable will usually require the idea to be:

  • Industrially applicable.
  • Nonobvious.
  • Novel.

Types of Patents

The USPTO issues three primary types of patents:

  1. Utility Patents – Protect functional inventions such as machines, industrial processes, and chemical compositions.
  2. Design Patents – Cover the ornamental design or appearance of an object (for example, the shape of a smartphone).
  3. Plant Patents – Protect new and distinct plant varieties that are asexually reproduced.

Utility patents are the most common and typically last 20 years, while design patents generally last 15 years. Plant patents also last 20 years. Understanding which type applies is crucial for maximizing protection.

What Is a Copyright?

The creators of copyrighted material have the exclusive rights to:

  • Create derivative works from the original.
  • Record the creative work.
  • Display the creative work.
  • Perform the creative work.
  • Publish the creative work.
  • Reproduce the creative work.

Copyright provides the authors of the original works of authorship with a form of protection for:

  • Published and unpublished works.
  • Literary works.
  • Dramatic works.
  • Musical works.
  • Artistic works.
  • Certain other intellectual works.

How Copyright Differs from Patents and Trademarks

Copyrights, patents, and trademarks often get confused, but they serve different purposes:

  • Copyright protects original works of authorship, such as novels, music, films, and software code.
  • Patent protects inventions and innovative processes or designs.
  • Trademark protects branding and identifiers used in commerce.

For example, a new smartphone could involve all three:

  • The hardware technology (patented).
  • The brand name and logo (trademarked).
  • The marketing jingle or software interface (copyrighted).

Recognizing the distinctions ensures businesses choose the right protection strategy for each aspect of their products.

Frequently Asked Questions

1. What is the difference between patent and trademark in simple terms?

A patent protects inventions, while a trademark protects brand identifiers such as names, logos, and slogans.

2. How long does a patent last compared to a trademark?

Patents usually last 20 years from the filing date, while trademarks can last indefinitely if properly maintained.

3. Can a product be protected by both a patent and a trademark?

Yes. For example, a patented invention can also have trademark protection for its brand name, logo, or packaging.

4. Do I need both a patent and a trademark for my business?

It depends. If you’ve created a new invention, you may need a patent. If you want to protect your brand identity, you’ll need a trademark. Many businesses benefit from having both.

5. What’s the difference between copyright, patent, and trademark?

Copyright protects creative works, patents protect inventions, and trademarks protect brand identifiers.

If you need help determining the difference between a patent and a trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.