Expert: George H. Morgan, P.E., Patent Agent - 1/5/2010

Question
My question probably has an obvious answer, but I've not been able to discover it after hours of searching:

Why is it that although intellectual rights of patents last for a relatively modest period of around twenty years, copyright and trademarks effectively give protection for generations?  Is there some philosophical difference which justifies the discrepancy?

Thanks for your help.  

Answer
Yes, Andi, there are reasons for the difference.
1. The purpose of the patent laws, originally, as set up by our Founding Fathers, specifically
George Washington & Thomas Jefferson (the first patent commissioner) was to have an alternative to the European guild system where everything was kept a trade secret, and much technology was controlled by the guilds. For example, there is a famous cathedral in Europe, where one side of the ceiling is a brighter cobalt blue than the other side. The family  that had the secret to the paint formulation died out, during the construction, and that secret died with them. So, Washington & Jefferson set up the patent system to give a relatively short time of protection for the inventor, i.e. one generation (remember, life expectencies were shorter back then, Washington is depicted as an old man, but he died at what is a relatively young age these days, 64-67 years, as I recall) and then the technology goes into the public domain and the nation benefits. So, the basic purpose of the patent system is not to reward the inventor, but to entice the inventor to going for patent protection, gaining a limited monopoly, and making the technology freely available after that grace period. There are strategies to prolong that period, such as gaming the system, which I only get into with my clients, where by a few short years can be gained.
2. Trademarks differ from patents, in that the trademark, trade dress, etc., is to protect the public, not the possessor. i.e. guaranteeing the public is getting the genuine Coca Cola, for example, as opposed to some knock off that might even have harmful stuff in it, say anti freeze.
So, you can buy a "Coke" with some assurance you are getting the real "Coke", not some potentially harmful knock-off.
3. Copywrite law is genuinely intended to protect the possessor. The law that extended the period of protection into the  70 years plus the life of the individual, or whatever it is, was known as the "Mickey Mouse" law, that was passed by Congress to extend that valuable franchise for the Disney Corporation. We should take great pride in having the finest Congress that money can buy!

So, things are not what they seem!

Hope that helps. My free website has lots of free info for inventors, creative people, and parents afflicted with creative children. http://www.evansville.net/biz/patagent

Best wishes for the New Year,

George H. Morgan
Professional Engineer (since 1958)
Patent Agent (since 1973)