Patents and Brands, two key IP concepts

Patents and Brands are part of the concept of Industrial Property and refer to a right granted by a State to use something exclusively for a specified period of time. However, they are two very different exclusive rights.

PATENTS 

In our post on What is a patent for, you will see that Patent is defined as the rights granted to an inventor over a new product, technology or improvements of a pre-existing invention. This prevents third parties from using the patented technology or product for profit.

Patents are granted for a non-extendable period of 20 years, it is thought that the patented invention should be in the public domain to contribute to the progress of our society. After this time, anyone can use the technology from the patent, without the prior consent of the owner.

BRANDS 

According to the Spanish Patent and Trademark Office, a brand is a distinctive sign that allows entrepreneurs to differentiate their products or services from others. If the brand is registered acquires legal protection. By a distinctive sign, should be understood any entity that can be perceived through the senses such as images, shapes, words, sounds, smells, etc., and their combinations.

The registration of a brand is granted for a period of 10 years, unlimitedly extendable and exclusive to the owner. In addition, brands have territorial validity, so they must be registered in each country in which they have to be protected.

Examples of globally recognized and registered trademarks are Adidas and Samsung. This does not mean that third parties cannot produce or create clothing and smartphones. Rather, they will not be able to do so under these names, or with the same shape, logo, colors, sounds or any other feature registered under Adidas and Samsung, without their authorization.

DIFFERENCE BETWEEN PATENTS AND BRANDS

The main difference between a brand and a patent is presented specifically in the object to be protected. The patent protects a novel technology or invention while the brand protects products or services that already exist, but that seek to differentiate themselves from others, protecting their identity and reputation. Another aspect to take into account is that a brand cannot be patented, it is registered.

Regardless of their differences, both terms are intended for the protection of Industrial Property. 

Author: O. Concepción (Ph.D. in Nanoscience)