Patents and trademarks are both important tools for protecting intellectual property, but they cover very different things.
Understanding the difference helps creators, entrepreneurs, and businesses know how to secure the right kind of protection for their ideas. Below, we’ll break down what patents and trademarks are, and highlight the key differences between them.
What Is a Patent?
A patent provides its owner with the legal right to prevent others from making, using, selling, or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. To be eligible for a patent, an invention must be novel, non-obvious, and useful. Patents give inventors exclusive rights over their inventions.
Some things that can be patented include mechanical devices, chemical formulas, software, pharmaceuticals, gene sequences, and more. The owner of a patent has the right to decide who can use the patented invention, and can sue for patent infringement if someone else makes, uses, or sells the invention without permission during the patent term.
For a deeper dive into patents, check out this comprehensive article: Getting Started with Patents: A Guide for First-Time Filers.
What Is a Trademark?
A trademark is a word, phrase, symbol, or design that identifies the source of a particular product or service. Trademarks protect things like company names, logos, slogans, and the unique trade dress (visual elements of a product). Trademarks can be renewed indefinitely as long as they continue being used in commerce.
The purpose of a trademark is to prevent consumer confusion about the source or sponsorship of a product. For example, Coca-Cola’s name and bottle design are protected trademarks. Trademark law prevents other soda companies from using similar names or bottle designs that could confuse consumers. Unlike patents, trademarks don’t expire after a set term of years, and they don’t have to be novel or non-obvious.
Learn more: Trademark FAQs: What to Know Before You Apply.
Key Differences Between Patents and Trademarks
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Patents protect inventions and new technologies, while trademarks protect brand identities, names, logos, and designs.
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Patents expire after a set term; trademarks can be renewed indefinitely.
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Patents must be novel and non-obvious; trademarks don’t have to be.
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Patent owners can sue for patent infringement; trademark owners can sue for trademark infringement.
In summary, patents provide protection for functional inventions, while trademarks protect ownership of brands and recognizable designs. Understanding these key differences allows companies to properly protect their intellectual property using the two systems.
Choosing the Right Protection for Your Idea
Deciding between a patent and a trademark depends on what you’re trying to protect. If you’ve developed a new invention or process, a patent may be the right path. If you want to safeguard your brand identity — such as your business name, logo, or slogan — a trademark is the better option.
In many cases, businesses benefit from securing both. For example, a company might patent its product design while also trademarking the brand name it’s sold under.
Because the application process can be complex, consulting with an intellectual property attorney is often the best way to ensure your idea is fully protected.
Have questions about protecting your intellectual property? Contact Larson & Larson today to discuss the right strategy for your business.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
