Can you copyright a design idea?

Answer

A copyright is a document granting exclusive right to copy, publish and sell literary or musical or artistic work. You need a patent to protect a design idea. You can go to www.uspto.gov to undertake the patent process; however, it is recommended that you consult a patent attorney.

It depends

You may copyright some types of designs, such as the design of a building, sculpture, web page, computer program or a cartoon character. Other designs are best protected with a trademark, where the design is used in association with your goods and services. A design of a mask work, for an integrated circuit, can be registered in the copyright office, as can the design for the hull of a vessel. Finally, as suggested above, if your design for the ornamental appearance of an object meets various criteria, you might qualify for a design patent.

In fact, you may combine copyright, trademark and patent protection on the same design, if it qualifies. There are limitations of each type of protection. For example, a copyright cannot protect any functional aspect of an otherwise ornamental design, a trademark only protects a design when used on a product or service, and a functional patent only lasts 20 years or 14 for a design patent. The costs and jurisdictional scope for each type of protection also vary widely.

First answer by Garyz. Last edit by Wutzyerproblem. Contributor trust: 356 [recommend contributor]. Question popularity: 49 [recommend question]

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