By Admin 
If you’ve invented something or created a piece of art, music, or written work, you might be wondering how to stop others from copying or using your work without permission. In India, you can protect your creations in two key ways: Patent and Copyright. While both offer protection, they do so in different ways. Let’s go over the main differences between them.
What is a Patent in India?
A patent protects inventions. This means if you’ve invented something new—like a product, a process, or a machine—you can apply for a patent. Once granted, you’ll have exclusive rights to use, make, and sell your invention for a certain period of time, preventing others from doing so without your consent.
Types of Patents in India
- Utility Patents: Protects new inventions or improvements to existing inventions, such as gadgets, machines, or processes.
- Design Patents: Protects the appearance or design of a product. For example, if you design a unique-looking piece of furniture, you can protect its design with this type of patent.
How Do You Get a Patent?
In India, you need to apply for a patent through the Indian Patent Office. Your application must include a detailed description of your invention and demonstrate how it is new and useful. The process can take several years and usually requires help from a patent professional or attorney.
How Long Does a Patent Last?
A patent in India typically lasts for 20 years from the date of filing. Once the patent expires, your invention is open to public use, and anyone can make, use, or sell it.
What Can Be Patented?
To be eligible for a patent in India, your invention must be:
- New: It should be something that hasn’t been publicly disclosed before.
- Non-obvious: The invention must not be an obvious development in its field.
- Useful: It needs to have practical utility.
What is Copyright in India?
Copyright protects creative works like art, literature, music, films, and software. It ensures that only the creator or someone with their permission can reproduce, distribute, or perform the work. The best part? Copyright protection in India is automatic—it applies the moment your work is created and fixed in a tangible form, like written text or a recording.
How Long Does Copyright Last in India?
In India, copyright generally lasts for the creator’s lifetime plus 60 years. This applies to creative works like books, music, and art. For other works like photographs or sound recordings, the copyright lasts for 60 years from the date of publication.
What Does Copyright Protect?
Copyright in India covers:
- Written works such as books, articles, and scripts
- Musical works including songs and recordings
- Visual art like paintings, drawings, and sculptures
- Audiovisual works like films and TV shows
- Computer programs and software
It’s important to note that copyright protects the expression of an idea (how it’s written, performed, or recorded), not the idea itself.
Patent vs. Copyright: What’s the Difference?
| Feature | Patent | Copyright |
| What It Protects | Inventions, products, and processes | Creative works like books, music, films, and software |
| How Long It Lasts | 20 years | Creator’s life + 60 years |
| How You Get It | Requires filing and approval from the Indian Patent Office | Automatic, but can be registered for extra legal protection |
| Cost | High, legal fees involved | Relatively low, registration costs range from INR 500 to INR 5,000 |
| Purpose | Protects new inventions and innovations | Protects the expression of ideas (e.g., music, books, art) |
How to Apply for a Patent in India
- Prepare Your Application: Include a detailed description of your invention, along with technical drawings if necessary.
- Submit to the Indian Patent Office: This can be done online or by submitting a physical application.
- Examination: Your application is reviewed to ensure it meets the legal requirements.
- Publication and Grant: Once approved, your patent is published, and you gain exclusive rights for 20 years.
How to Register Copyright in India
- Complete an Application: You can submit it online at the Copyright Office of India.
- Pay the Fees: Registration costs are relatively affordable, ranging from INR 500 to INR 5,000 depending on the type of work.
- Receive a Copyright Certificate: Once your application is processed and approved, you’ll get a certificate that can be useful in legal disputes.
Cost and Process
- Patents: Getting a patent in India can be costly and time-consuming. You’ll likely need to hire a lawyer, and the process can take a few years. Costs can range from INR 20,000 to INR 60,000, depending on the complexity of your invention.
- Copyrights: Copyright is much simpler. It’s automatically applied when you create something, and if you choose to register it, the process is quick and affordable.
Which One Do You Need in India?
It depends on what you’ve created:
- If you’ve invented a new product or process, you’ll need a patent.
- If you’ve created a book, song, painting, or film, you’ll want copyright.
In some cases, you might need both. For example, a software developer might patent a new process in their software and copyright the code itself.
Conclusion
Both Patent and Copyright are important tools for protecting your work, but they apply to different kinds of creations. Patents are for inventions and technological breakthroughs, while copyrights are for creative works like art, literature, and music. Now that you understand the differences, you can better decide which type of protection you need for your work in India.