© Copyright
I work for a Medical Device Manufacturer and we employ patent, copyright, and trademark attorneys full time to determine how to classify and file our Intellectual properties as well as to ensure they stay protected under the laws. Sometimes it is not always so clear between patents and copyrights. For example I have two patents for the invention of a medical device for the identification and susceptibility testing of microorganisms in humans. These patents are owned however by the company I work for, and follow some of the same criteria as for copyrights in that these were works made for hire. This means the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as a work prepared by an employee within the scope of his or her employment. So, you can see some similarities. However, a patent is only good for 20 years from the data of application and a copyright is good for 100 years for companies. This is where you see a big difference, less protection with patents vs. copyrights.
What has always been unclear to me is that copyright protects original works that fall under literature, musical, artistic, and intellectual. Patents also protect intellectual, so a fine line here and hence the reason why we need these lawyers. I am currently working with my company to determine if another idea of mine is going to be a copyright or a patent that has to do with developing a process for product development. This process is unique and it may come down to the media selection of its delivery. Reference: Copyright Basics by the U.S. Copyright Office, Circular 1 Rev:07/2008.
Amazing. Yes there is some relationship between patent and copyright law. It seems a bit obvious to me that something has gone wrong with copyright in that lifetime plus 70 years is the protection of copyright (or 100 years), when a patent is only good for 20 years. Something is definitely not in sync here. Thanks for sharing your experience.
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