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SIMPLIFIED RELATIONSHIPS BETWEEN PATENTS, TRADEMARKS, and COPYRIGHTS
Type of Protection	Utility Patent	Design Patent	Copyright	Trademark
What is Protected	Functonal features of process, machine, manufactured item or composition of matter	Ornamental appearance of articles of manufacture	writings, photos, music, labels, works of art, software, any graphic	Words, names, symbols, shapes, or devices
Criteria for Protection	New and "non-obvious"	New and "non-obvious"	Originality as to author	Used to identify and distinguish goods or services
How to obtain rights	Granted only by Fed. Gov't. U.S. Patent Office	Granted only by Fed. Gov't. U.S. Patent Office	Automatic upon creation	Common Law: Adoption and Use (sometimes secondary meaning required) Federal registration: Use or intent to use in interstate commerce
Life Time ?	20 years from date of application	14 years from date of Federal Grant	95 years	Common Law: As long as property used as a mark Federal Reg: 10 years(If formalities complied with); Renewable for 10 year periods
Test of Infringement	Making, using, reporting, or selling in U.S. devices embodying the claimed invention	Designs look alike to eye of ordinary an observer ?	Substantial portion copied ? Substantial similarity ?	.
CAVEAT: This chart is an over-simplified comparison of Patents, Trademarks, and Copyrights. Each of the words used above is a term of legal art and the subject of extensive litigation. The chart is intended only for very basic analysis.

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