English dictionary, thesaurus, translations & etymology
FreeDict.com

copyright vs patent

What's the difference between copyright and patent? Here's the clear answer, with examples of each.

Quick answer

Copyright is the legal right to control who may reproduce, publish, or distribute a creative work. A patent is an official government grant giving an inventor sole rights to make, use, or sell an invention for a set period. A novel is copyrighted; a new machine or process is patented.

The core difference

Copyright protects creative expression, while a patent protects an invention.

  • copyright — the legal right to control reproduction, publication, or distribution of a creative work: Using the photo without permission could be a copyright violation.
  • patent — an official government grant giving sole rights to an invention: She filed a patent for her new design.

How to tell them apart

Copyright covers creative works such as books, songs, and photographs, protecting the specific expression of an idea. A patent covers inventions, protecting the functional design or process itself, granted formally by a government and typically for a set period of time. That is why an author copyrights a book but an engineer patents a device.

The words can trip people up because both can be used as verbs, to copyright something or to patent it, and both involve formally securing a right. Note also that patent has an unrelated adjective sense, meaning obvious or clear to see, as in a patent lie, which has nothing to do with intellectual property.

Frequently asked questions

Can an invention be both copyrighted and patented?
It is possible for different aspects to be protected separately, such as a patent for a device's function and copyright for its accompanying manual or design artwork, but the two protections cover different things.
Does copyright protect ideas or only the finished work?
The ground sense of copyright is the right to control reproduction, publication, or distribution of a creative work, meaning it applies to the work as created rather than to an abstract idea.
What does patent mean outside of inventions?
As an adjective, patent means obvious or clear to see, as in it was patent from his expression that he disagreed, a separate sense unrelated to the legal right over inventions.