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Recommended For |
An invention with a function (such as a machine, manufactured item, process, or chemical composition) |
An ornamental design for a manufactured item that doesn't affect its function (such as a watch face plate) |
An original creative work (such as a play, novel, song, sculpture, photograph, choreography or architectural plan). |
A name, logo or symbol used to identify commercial goods or services. |
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Which federal office issues this protection? |
U.S. Patent and Trademark Office |
U.S. Patent and Trademark Office |
U.S. Copyright Office |
U.S. Patent and Trademark Office |
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How long can the benefit/ protection last? |
Provisional Application: 1 year
Utility Patent: 20 years |
14 years |
Lifetime of the author, plus 70 years. |
Unlimited, so long as the owner renews every 10 years and continues to use the trademark. |
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Where is this protection valid and enforceable?
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Within the U.S.
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Within the U.S. |
Within the U.S. |
Within the U.S. |
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Are maintenance fees required?
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Provisional Applications: no
Utility Patents: yes |
Design Patents do not require a maintenance fee. |
Copyrights do not require a maintenance fee. |
Yes. |
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Can I renew?
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No. |
Design patents are non-renewable. |
Copyrights are non-renewable. |
Yes. Trademark protection is renewable every 10 years following the initial registration.
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If I don't file an application, do I still have ownership rights?
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No. |
No. |
Without a registered copyright, you still own all rights to your creative work. But with a registered copyright, you can enforce federal copyright protection in court. |
So long as you are not infringing on another trademark, you can gain rights to the mark simply by using it. But with a registered trademark, you can enforce federal trademark protection.
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Who typically applies for this protection?
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Inventors
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Inventors and Designers |
Authors, artists, choreographers, and other creative professionals. |
Business or product owners.
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