Patent vs. Trademark: What's the Difference?
Edited by Huma Saeed || By Sawaira Riaz || Updated on November 18, 2023
A Patent protects inventions; a Trademark identifies the source of goods/services.
Key Differences
A Patent refers to the exclusive right granted to an inventor to protect their invention from being made, sold, or used by others for a certain period of time. This means that for a designated time, the inventor has the sole right to benefit from their creation.
Sawaira Riaz
Nov 16, 2023
On the other hand, a Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. While Patents guard the functional aspects of products and processes, Trademarks protect brand names, logos, symbols, and other identifying features that represent goods or services in the marketplace.
Sawaira Riaz
Nov 16, 2023
Both Patents and Trademarks are essential components of intellectual property law, serving different purposes. While a Patent might cover a new technology or process, a Trademark covers anything that represents a particular brand.
Sawaira Riaz
Nov 16, 2023
In essence, while Patents protect the functional form of a product, Trademarks safeguard its distinctive identity.
Aimie Carlson
Nov 16, 2023
Comparison Chart
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Patent and Trademark Definitions
Patent
A government license conferring a right for a set period.
She was granted a Patent for her new invention.
Sawaira Riaz
Oct 28, 2023
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Trademark
A symbol, word, or words representing a company or product.
The golden arches are a Trademark of McDonald's.
Sara Rehman
Oct 28, 2023
Patent
Exclusive rights to an inventor to produce or sell an invention.
He secured a Patent for his new software algorithm.
Sara Rehman
Oct 28, 2023
Trademark
A brand officially registered and legally protected.
She successfully defended her Trademark against infringement.
Sara Rehman
Oct 28, 2023
Patent
Evident or obvious.
The reason for his anger was Patent to everyone in the room.
Sawaira Riaz
Oct 28, 2023
Trademark
A distinguishing characteristic or feature.
His sense of humor was a Trademark that everyone recognized.
Sawaira Riaz
Oct 28, 2023
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Patent
A document granting such rights.
She proudly displayed her Patent certificate on the wall.
Sara Rehman
Oct 28, 2023
Trademark
A recognizable emblem or symbol.
The swoosh is the Trademark of Nike.
Janet White
Oct 28, 2023
Patent
A grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time.
Sawaira Riaz
Oct 13, 2023
Trademark
Legal protection for brand names and logos.
They registered their business name as a Trademark.
Sawaira Riaz
Oct 28, 2023
Trademark
Abbr. TM A name, symbol, or other device used to identify and promote a product or service, especially an officially registered name or symbol that is thereby protected against use by others.
Sawaira Riaz
Oct 13, 2023
Trademark
A distinctive characteristic by which a person or thing comes to be known
The snicker that became the comedian's trademark.
Sawaira Riaz
Oct 13, 2023
Trademark
A word, symbol, or phrase used to identify a particular company's product and differentiate it from other companies' products.
Sawaira Riaz
Oct 13, 2023
Trademark
The aspect for which someone or something is best known; a hallmark or typical characteristic.
Sawaira Riaz
Oct 13, 2023
Patent
Relating to or being a nonprescription drug or other medical preparation that is protected by a trademark.
Sawaira Riaz
Oct 13, 2023
Trademark
A formally registered symbol identifying the manufacturer or distributor of a product
Sawaira Riaz
Oct 13, 2023
Patent
An official document granting an appointment, privilege, or right, or some property or title; letters patent.
Sawaira Riaz
Oct 13, 2023
Patent
A specific grant of ownership of a piece of real property; a land patent.
Sawaira Riaz
Oct 13, 2023
Patent
(by extension) A product in respect of which a patent (sense 1.2.2) has been obtained.
Sawaira Riaz
Oct 13, 2023
Patent
A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly.
Sawaira Riaz
Oct 13, 2023
Patent
(gambling) The combination of seven bets on three selections, offering a return even if only one bet comes in.
Sawaira Riaz
Oct 13, 2023
Patent
To (successfully) register (a new invention) with a government agency to obtain the sole privilege of its manufacture, sale, and use for a specified period.
Sawaira Riaz
Oct 13, 2023
Patent
To obtain (over a piece of real property) a specific grant of ownership.
Sawaira Riaz
Oct 13, 2023
Patent
To be closely associated or identified with (something); to monopolize.
Sawaira Riaz
Oct 13, 2023
Patent
(baking) Of flour: fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.
Sawaira Riaz
Oct 13, 2023
Patent
(medicine) Open, unobstructed; specifically, especially of the ductus arteriosus or foramen ovale in the heart, having not closed as would have happened in normal development.
She has a patent ductus arteriosus that will require surgery to close.
Sawaira Riaz
Oct 13, 2023
Patent
Of an infection: in the phase when the organism causing it can be detected by clinical tests.
Sawaira Riaz
Oct 13, 2023
Patent
Especially of a document conferring some privilege or right: open to public perusal or use.
Letters patent
Sawaira Riaz
Oct 13, 2023
Patent
(botany) Of a branch, leaf, etc.: outspread; also, spreading at right angles to the axis.
Sawaira Riaz
Oct 13, 2023
Patent
To which someone has, or seems to have, a claim or an exclusive claim; also, inventive or particularly suited for.
Sawaira Riaz
Oct 13, 2023
Patent
Open; expanded; evident; apparent; unconcealed; manifest; public; conspicuous.
He had received instructions, both patent and secret.
Sawaira Riaz
Oct 13, 2023
Patent
Open to public perusal; - said of a document conferring some right or privilege; as, letters patent. See Letters patent, under 3d Letter.
Sawaira Riaz
Oct 13, 2023
Patent
Appropriated or protected by letters patent; secured by official authority to the exclusive possession, control, and disposal of some person or party; patented; as, a patent right; patent medicines.
Madder . . . in King Charles the First's time, was made a patent commodity.
Sawaira Riaz
Oct 13, 2023
Patent
Spreading; forming a nearly right angle with the steam or branch; as, a patent leaf.
Sawaira Riaz
Oct 13, 2023
Patent
A letter patent, or letters patent; an official document, issued by a sovereign power, conferring a right or privilege on some person or party.
Four other gentlemen of quality remained mentioned in that patent.
Sawaira Riaz
Oct 13, 2023
Patent
The right or privilege conferred by such a document; hence, figuratively, a right, privilege, or license of the nature of a patent.
If you are so fond over her iniquity, give her patent to offend.
Sawaira Riaz
Oct 13, 2023
Patent
To grant by patent; to make the subject of a patent; to secure or protect by patent; as, to patent an invention; to patent public lands.
Sawaira Riaz
Oct 13, 2023
Patent
Make open to sight or notice;
His behavior has patented an embarrassing fact about him
Sawaira Riaz
Oct 13, 2023
Patent
(of a bodily tube or passageway) open; affording free passage;
Patent ductus arteriosus
Sawaira Riaz
Oct 13, 2023
Patent
Clearly apparent or obvious to the mind or senses;
The effects of the drought are apparent to anyone who sees the parched fields
Evident hostility
Manifest disapproval
Patent advantages
Made his meaning plain
It is plain that he is no reactionary
In plain view
Sawaira Riaz
Oct 13, 2023
Patent
A new method, apparatus, or process.
His Patent introduced a groundbreaking way to harvest solar energy.
Janet White
Oct 28, 2023
FAQs
What is a Patent?
A Patent is a government-granted right that gives inventors exclusive rights to their invention for a set period, usually 20 years.
Sawaira Riaz
Nov 16, 2023
How long does a Patent last?
Typically, a Patent lasts for 20 years from the filing date.
Harlon Moss
Nov 16, 2023
Can I Trademark my invention?
No, inventions are protected by Patents, while brand identifiers like names and logos are Trademarked.
Sawaira Riaz
Nov 16, 2023
Who registers Trademarks?
Trademarks are registered with the government's Trademark Office.
Sara Rehman
Nov 16, 2023
What is a Trademark?
A Trademark is a symbol, name, or phrase used to identify and protect a brand or product.
Sawaira Riaz
Nov 16, 2023
Can I Patent a brand name?
No, brand names are protected by Trademarks, not Patents.
Sawaira Riaz
Nov 16, 2023
Is a Patent valid worldwide?
No, a Patent is territorial and is only valid in the country where it's granted.
Sawaira Riaz
Nov 16, 2023
Can I Patent a business method?
In some jurisdictions, business methods can be Patented if they meet all Patentability requirements.
Sawaira Riaz
Nov 16, 2023
How long does a Trademark last?
A Trademark can last indefinitely, as long as it's renewed periodically.
Aimie Carlson
Nov 16, 2023
What happens if my Patent expires?
Once a Patent expires, the invention becomes public domain and can be used freely by anyone.
Harlon Moss
Nov 16, 2023
Can I Trademark a sound or color?
Yes, distinctive sounds or colors associated with a brand can be Trademarked in certain circumstances.
Janet White
Nov 16, 2023
Is a Trademark valid globally?
No, a Trademark is territorial, but there are international agreements that facilitate global Trademark protection.
Sawaira Riaz
Nov 16, 2023
How do I know if my invention is Patentable?
An invention must be novel, non-obvious, and useful to be Patentable.
Janet White
Nov 16, 2023
How do I know if my brand name is Trademarkable?
A name should be unique, non-generic, and not likely to be confused with existing Trademarks to be Trademarkable.
Sawaira Riaz
Nov 16, 2023
Can software be Patented?
Yes, in many jurisdictions, software can be Patented if it meets certain criteria.
Sawaira Riaz
Nov 16, 2023
What happens if I don't renew my Trademark?
If not renewed, a Trademark can lapse and others might use or register it.
Janet White
Nov 16, 2023
Can I license my Trademark to another company?
Yes, you can license your Trademark to others while maintaining ownership.
Harlon Moss
Nov 16, 2023
Can a slogan be Trademarked?
Yes, slogans that identify and distinguish a brand can be Trademarked.
Janet White
Nov 16, 2023
About Author
Written by
Sawaira RiazSawaira is a dedicated content editor at difference.wiki, where she meticulously refines articles to ensure clarity and accuracy. With a keen eye for detail, she upholds the site's commitment to delivering insightful and precise content.
Edited by
Huma SaeedHuma is a renowned researcher acclaimed for her innovative work in Difference Wiki. Her dedication has led to key breakthroughs, establishing her prominence in academia. Her contributions continually inspire and guide her field.
