Patent vs Trademark vs Copyright: What Each Protects and How to Get It

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

A patent protects inventions, a trademark protects brand names and logos, and a copyright protects creative works - three separate IP rights from two agencies. A patent covers how something works or how a product looks; a trademark covers how customers identify your brand; a copyright covers the words, images, music, or code you author. Patents and trademarks are granted by the USPTO; copyrights are registered by the U.S. Copyright Office.

Patent vs Trademark vs Copyright: Side-by-Side

Patent, trademark, and copyright are three distinct branches of intellectual property, and the right you need is decided by what you are protecting, not by which sounds most impressive. The USPTO frames it simply: a patent covers technical inventions, a trademark identifies your goods or services, and a copyright protects artistic, literary, or intellectually created works. The table compares the three on the points that decide which applies.

One rule of thumb: patents protect function and design, trademarks protect identity, and copyrights protect expression. For a deeper two-way split between the brand and the content, see trademark vs. copyright.

What a Patent Protects

A patent protects an invention - a new and useful process, machine, article of manufacture, or composition of matter, or an ornamental design for a product. The USPTO grants patents for technical inventions such as pharmaceutical drugs, mechanical processes, and machine designs that are new and industrially useful. Patent subject matter is set by 35 U.S.C. § 101, which allows a patent for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

There are three kinds of patent. A utility patent covers how an invention works or is used. A design patent covers the ornamental appearance of a product. A plant patent covers a distinct, new variety of asexually reproduced plant. Unlike a trademark or copyright, patent rights never arise automatically: you receive them only after the USPTO examines the application and issues the patent. The trade-off is disclosure - the invention is published in exchange for a time-limited right to exclude others from making, using, or selling it.

What a Trademark Protects

A trademark protects the identifiers a business uses to distinguish its goods or services. The USPTO defines a trademark as "any word, phrase, symbol, design, or a combination of these things that identifies your goods or services." By statute, 15 U.S.C. § 1127 covers "any word, name, symbol, or device, or any combination thereof" used to identify goods and indicate their source. In practice that means brand names, logos, slogans, and product names.

A trademark does not give ownership of a word in the abstract; rights attach only to how the mark is used with specific goods or services, which is why applications are filed within classes. Rights can begin from use in commerce - signaled by the ™ symbol - and federal registration adds nationwide legal presumptions and the ® symbol. To register a brand name, see how to trademark a name or how to trademark a business name.

What a Copyright Protects

A copyright protects original works of authorship the moment they are fixed in a tangible medium. The U.S. Copyright Office defines it as "a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression." Under 17 U.S.C. § 102(a), protection extends to eight categories including literary, musical, dramatic, pictorial, audiovisual, and architectural works, plus sound recordings.

Copyright protects expression, not ideas. Under § 102(b), it never covers "ideas, procedures, methods, systems, processes, concepts, principles, or discoveries" - that functional territory is where patents live. Copyright also does not protect "titles, names, short phrases, and slogans," which is trademark territory. So a software program's code is a copyright, the invention it implements may be a patent, and the product name is a trademark.

How Long Each Lasts

Duration is one of the sharpest differences among the three rights. Patents are the shortest and cannot be renewed; trademarks can last forever; copyrights last a long time but always end.

A utility patent lasts 20 years measured from the earliest filing date of the application, under 35 U.S.C. § 154, which provides a term "ending 20 years from the date on which the application for the patent was filed." A design patent lasts 15 years from the date of grant under 35 U.S.C. § 173. Neither term can be extended by renewal. A trademark has no expiration date and is renewed in ten-year terms under 15 U.S.C. § 1059 for as long as the mark is used. A copyright for a work created after 1977 lasts, per the Copyright Office, "the life of the author plus an additional 70 years," or 95 years from publication for works made for hire, under 17 U.S.C. § 302.

What Each Costs

Cost follows directly from how each right is obtained. Copyright is nearly free because it is automatic; a trademark carries a per-class government fee; a patent is the most expensive because it is examined for novelty and usually requires professional drafting.

The trademark base application fee is $350 per class filed electronically through the Trademark Center, effective January 19, 2025, per the USPTO fee schedule. Copyright registration is $45–$65 per the Copyright Office fee schedule. Patent costs are not a single flat figure: the USPTO charges separate filing, search, examination, and issue fees, and utility patents require periodic maintenance fees - so exact patent costs should be checked on the current fee schedule rather than estimated. See how much it costs to trademark a name.

How to Get Each One

Each right is obtained through a different path. A patent and a trademark are applied for at the USPTO; a copyright exists automatically and is only optionally registered.

To get a patent, you file an application with the USPTO, which is examined by a patent examiner for novelty, usefulness, and non-obviousness. Because claims must be drafted precisely, many applicants work with a registered patent attorney or agent. To get a trademark, you search existing marks, identify your class of goods or services, and file through the USPTO Trademark Center; an examining attorney reviews it and it publishes for opposition before registering. To get a copyright, you do nothing - the Copyright Office confirms your work "is under copyright protection the moment it is created and fixed in a tangible form." Registration at copyright.gov is optional but is required before you can sue for infringement of a U.S. work.

Which One Do You Need?

Match the right to the asset. If you invented a device, a process, or a distinctive product shape, you need a patent. If you named a company or product, designed a logo, or coined a slogan, you need a trademark. If you wrote, drew, filmed, recorded, or coded something, you already hold a copyright and may want to register it.

• New machine, gadget, or method → patent (utility).
• Distinctive product appearance → patent (design), and possibly a trademark if the shape identifies the brand.
• Company or product name → trademark. See do I need to trademark my business name.
• Logo or slogan → trademark (and the artwork in a logo can also be a copyright). See how to trademark a logo.
• Book, song, photo, film, or software → copyright.

Many products need more than one. A smartphone is patented for its technology, trademarked for its name and logo, and copyrighted for its interface art and software - three rights, protecting three different things, at the same time.

Common Mistakes People Make

Because the three rights sound interchangeable, the same errors recur. Knowing them helps you file once, correctly.

• Trying to patent a name or logo. Names and logos are trademarks; patents cover functional inventions and ornamental designs, not brand identity.
• Trying to copyright an idea or invention. Under 17 U.S.C. § 102(b), copyright never protects ideas, methods, or processes - only the expression.
• Assuming a trademark protects your product's technology. A trademark protects the brand, not how the product works; that is a patent's job.
• Publicly disclosing an invention before filing. Public disclosure can jeopardize patent rights; timing matters far more for patents than for trademarks or copyrights.
• Believing you must register a copyright to own it. Copyright is automatic on fixation; registration adds enforcement rights but does not create the copyright.

Frequently Asked Questions

What is the difference between a patent, a trademark, and a copyright?

A patent protects a functional invention or ornamental design. A trademark protects brand identifiers such as a name, logo, or slogan. A copyright protects an original creative work. Patents and trademarks come from the USPTO; copyrights come from the U.S. Copyright Office.

Which is more expensive, a patent or a trademark?

A patent is far more expensive. A federal trademark application costs $350 per class; copyright registration costs $45–$65. A utility patent involves multiple USPTO fees plus maintenance fees and usually an attorney, so it commonly runs into the thousands.

How long does a patent last compared to a trademark?

A utility patent lasts 20 years from the earliest filing date and a design patent 15 years from grant; neither renews. A trademark can last indefinitely with maintenance filings every 10 years.

Can one product have a patent, a trademark, and a copyright?

Yes. Each right protects a different aspect. A smartphone's technology is patented, its name and logo are trademarks, and its interface artwork and software are copyrighted - all at once.

Do I need a patent to protect my business name?

No. A business name is protected by trademark law, not patent law. To protect a brand name you register a trademark or rely on common-law rights from use in commerce.

Which agency handles patents, trademarks, and copyrights?

The USPTO grants both patents and trademarks. The U.S. Copyright Office, part of the Library of Congress, registers copyrights, with separate applications and fees.

Related guides

• Trademark vs. copyright: what each protects
• How to trademark a name
• How to trademark a business name
• How to trademark a logo
• How much does it cost to trademark a name?
• What does the TM symbol mean?
• Do I need to trademark my business name?
• Trademark hub · Trademark (glossary) · How to form an LLC

Sources

1. USPTO - Patent basics (patents cover technical inventions; utility, design, and plant patents; USPTO grants).
2. USPTO - Trademark, patent, or copyright (distinctions among the three; agencies).
3. USPTO - What is a trademark? (word/phrase/symbol/design identifying goods/services).
4. USPTO - Apply for a trademark (Trademark Center filing; USPTO.gov account required).
5. USPTO - USPTO fee schedule ($350 base trademark application per class, electronic).
6. U.S. Copyright Office - What is copyright? (original works fixed in tangible form; excludes names/titles/slogans).
7. U.S. Copyright Office - Copyright in General (FAQ) (automatic on creation; registration required to sue).
8. U.S. Copyright Office - Duration (FAQ) (life + 70; 95/120 for works for hire).
9. U.S. Copyright Office - Fees ($45 single author/one work; $65 standard electronic).
10. Cornell LII - 35 U.S.C. § 101 (patentable subject matter).
11. Cornell LII - 35 U.S.C. § 154 (utility patent term: 20 years from filing).
12. Cornell LII - 35 U.S.C. § 173 (design patent term: 15 years from grant).
13. Cornell LII - 15 U.S.C. § 1127 (statutory trademark definition, Lanham Act).
14. Cornell LII - 15 U.S.C. § 1059 (trademark renewal in 10-year terms).
15. Cornell LII - 17 U.S.C. § 102 (copyright subject matter; § 102(b) exclusions).
16. Cornell LII - 17 U.S.C. § 302 (copyright duration for works created after 1977).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney. This page is information, not advice. Intellectual property laws, forms, and fees change; verify current requirements with the USPTO and the U.S. Copyright Office before acting.