Understanding Importance of Copyright and related Design Patent

Benefits of knowing Copyright Laws and Details about Design Patent

Law in the form of patents, copyrights and trademarks, protect the rights of ownership of an individual but in different ways. Discussed herein are copyright and design patent, to get an understanding, if one seeks to pursue any of them. A patent protects the ownership of a process or an invention while a copyright serves to protect an individual’s creative work.

copyright and design patent

A copyright

It serves to protect the rights of an individual or a group that has produced an original work. The owner of a copyright has rights (exclusive), to sell, perform, display in public, do follow ups based on the original work and reproduce the copyrighted work. It is divided into various groups like:

•    Literary work, i.e. written word
•    Musical work which include, the music, the melody and the lyrics
•    Dramatic work, i.e. plays, screenplays and scripts
•    Artistic work, i.e. sculptural and pictorial arts
•    Audio-visual work
•    Choreographic work likes dancing and pantomime
•    Sound recordings, e.g. DVDs, CDs, LPs and audio tapes
•    Architectural work, e.g. building designs, renderings and blueprints

Once an original work has been put into a format that is fixed e.g. on tape or paper, the original work is automatically copyrighted. In short, if a musician records a song on a CD or tape, or an author puts his or her story in writing, then the work, if the original, is automatically protected by the law through a copyright. 

Typically, from the moment, the copyright comes into play, the work is copyrighted for the entire lifespan of the owner and for 50 years more after him or, she dies. It is not a necessity to copyright an original work, but the process is quite basic and relatively inexpensive. It is also advisable in case a dispute arises. Another person might infringe on this right, and legal action requires such registration with the US Copyright office. Registration can be done via the internet without the need for a lawyer for a minimal filing fee.

A Design Patent

The law protects the rights of inventors and/or the process of the invention for a maximum period of 20 years in the US commencing from the date application was made. This is done through a patent. The law protects the invention and discovery of a new and useful process, manufacturing technique, and composition of matter, machine and any improvement on any of them that make them more useful. In short, it gives the patent owner the right to control, regulate or stop anyone from selling, buying or using the invention or the process without his or her permission. 

This also applies to any invention or process that is exceedingly similar to the patented process or invention, which is not easy when proving an infringement and may take a lot of time in the court before a solution is reached.


Copyright and design patent can only be understood if discussed as such because they serve the same purpose using different methods, and protect different forms of an individual’s rights. Whereas the copyright process is basic, inexpensive and not a necessity since, it comes about automatically, the patent process is somehow complicated, expensive and takes forever to complete. 

However, if, an invention is that OK, then it would be worth the hassle to complete the patenting process because it could make someone a fortune for a long time. In the end, when pursuing a copyright protection regulation and design patent guideline, it is not a terrible idea to run it by the lawyers since they understand the law better.