Although we often hear, there are some fundamental differences between copyright and patent rights. Both of these terms are related to economic and legal issues.
Copyrights and patents are part of Intellectual Property Rights (IPR) but have different legal basis. The regulation governing copyright is Law Number 28 of 2014. This law is also known as the Copyright Law.
Meanwhile, patent rights are regulated in Law Number 13 of 2016 (Patent Rights Law), including PatentsandSimple Patents. So what is the difference between these two rights?
Difference between Copyright and Patent Rights
Here are some things that distinguish whether IPR is a patent or copyright.
1. Definition
Simply put, copyright is a right that arises automatically by carrying out a declarative concept. While a patent is a right that requires prior registration for an invention. Unlike the case with patents, someone gets a copyright without having to register it.
2. Type
In copyright, there are 2 types of rights, namely moral rights and economic rights. Whereas in patents there are (ordinary) patents and simple patents.
3. Validity Period
Moral rights (copyright) apply without any time limit, economic rights (copyright) apply based on the object. Copyright protection is for life plus 70 years after the creator’s death. Example of a copyright for a 50 year old computer program.
Patents (ordinary) are valid 20 years after receipt, simple patents are valid 10 years after receipt. An example of a patent is the calculation of cracks in the field of aircraft technology by the former President of the Republic of Indonesia, BJ Habibie.
4. Objects
Copyright protects created objects in science, art and literature. For patents to protect objects of novelty (previously there was no similar technology), development of something that already exists (inventive), and a facility that provides convenience to the industry.
5. Violation
Someone who violates copyright, for example, quotes in part or in whole without providing a source in his own work. By doing that action, it is as if the work is his own work. Another example of copyright infringement is the reproduction of a work without permission for commercial purposes.
In patents, infringement relates to using the invention, selling, offering, and obtaining economic benefits from the invention without permission from the inventor. In this case, the inventor in filing a lawsuit to take legal action against the party who uses the invention without permission.
6. Submission of Rights
The next difference between copyright and patent rights relates to filing or application. To get copyright protection, you do not need to submit an application to the minister. Rights automatically arise based on the type of creation contained in the Copyright Law.
Even so, you can still apply for copyright registration to the minister which serves as proof that you are the copyright holder. This proof also serves as a function if in the future there are parties who violate the copyright of your work.
In contrast to patents, a party wishing to obtain a patent must submit an application to the minister, and then determine whether the application is accepted or not.
In its application, patents apply to the principle of first to file, meaning that the right is for the party that registered for the first time. For this reason, if you have an invention that meets the requirements for filing a patent application, submit an application as soon as possible.
Those are some of the differences between copyrights and patents based on their understanding and the filing process. May be useful!
