If you are a writer -- or someone involved in a creative endeavor -- you may have questions about patents, trademarks and copyrights. Through this article, I will provide you with a general overview of the differences between patents, trademarks and copyrights. With this information, you will have a better understanding of laws governing intellectual property.


PATENTS, TRADEMARKS AND COPYRIGHTS

While there are some significant differences among patents, trademarks and copyrights, they also have some fundamental factors in common. All three areas of the law exist to extend protection to a person (or other legal entity) who has created something of value through their intellectual efforts.

Combined, the law governing patents, trademarks and copyrights are known collectively as intellectual property law.

PATENTS

The laws governing patents is the most complex area of intellectual property law. Patents are designed to protect a person's interests in an invention or product. For example, a patent can extend to something as simple as a newly designed broom. At the other end of the spectrum, a patent can extend to a lifesaving medication.

Patents are issues specifically by the U.S. Patent Office after application by the inventor or developer or by the legal counsel hired to represent the person who has created the invention or product for which a patent is sought. The U.S. Patent Office will closely examine the new invention or product to make certain it is a new development and not significantly less variation of a previously existing item.

TRADEMARKS

Obtaining a trademark is not as difficult as obtaining a patent. A trademark might also be called an "ad-mark." Simply, a trademark is the design or insignia associated with a product, service, business or organization. The famous Golden Arches of a worldwide hamburger chain represents a perfect and prime example of a trademark.

As long as the trademark has been protected, no other entity or individual can use that trademark.

COPYRIGHT

Copyright protection extends to written or writing-based materials. In order words, copyright protection covers materials that are written, as well as presentations as films, television programs and broadcasts, radio programs and music of all types.

Copyright law exists to protect unique content which an individual has created. The copyright itself actually exists when a person has gone so far as to create a portion of a written, filmed or recorded item. For example, a person who has written a chapter of a book has copyright interest in that chapter, as well as all other major elements of the book, such as an outline of his book.