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“Should I patent it, trademark it, or copyright it?” is one of the most common — and most muddled — questions in business. The answer is usually some of each, because they protect different things. Here’s the plain-English map.
Patent — protects how something works
A patent protects a new invention — a product or process that does something in a new, non-obvious way. You apply to the IPO, it’s public, lasts up to 20 years, and you can do it yourself. How to patent an invention yourself →
Trade mark — protects your brand
A trade mark protects the name, logo or slogan that identifies your goods or services. You register it with the IPO, it lasts 10 years and renews forever, and you can do it yourself. How to register a trade mark yourself →
Copyright — protects creative work
Copyright protects original creative works — writing, art, music, photographs, code. It’s automatic and free (no registration in the UK) and lasts your lifetime plus 70 years. How to protect your work for free →
Trade secret — protects confidential know-how
A trade secret is valuable information you keep confidential — a recipe, a method, a customer list. There’s nothing to register: you protect it with confidentiality agreements (NDAs) and good security, and it lasts as long as it stays secret. The classic example is the Coca-Cola formula — never patented (which would have made it public), kept secret for over a century instead.
Registered design — protects how it looks
Often overlooked, but powerful: a registered design protects the appearance of a product — its shape, pattern or decoration (not how it works). You register it with the IPO from around £50, it lasts up to 25 years, and it’s one of the most DIY-friendly rights of all. How to register a design yourself →
Which do you need?
| Type | Protects | Register? | Lasts |
|---|---|---|---|
| Patent | How an invention works | Yes (IPO) | Up to 20 yrs |
| Trade mark | Brand: names, logos | Yes (IPO) | 10 yrs, renewable |
| Copyright | Creative works | No (automatic) | Life + 70 yrs |
| Trade secret | Confidential know-how | No (keep it secret) | While secret |
| Registered design | How a product looks | Yes (IPO) | Up to 25 yrs |
Most businesses mix several: you might patent a product, trademark its brand name, hold copyright in its packaging and adverts, and keep your supplier list a trade secret. The two registered ones — patents and trade marks — you can file yourself, for the price of the official fee.
Related DIY intellectual-property guides
Once you know which right protects what, here is how to secure each one yourself.
Patents
How to patent an invention yourself · What can (and can’t) be patented · Free prior-art patent search · What a UK patent really costs
Trade marks
Register a trade mark yourself · ™ vs ® explained · Form TM3: filing your application
Copyright
Protect your creative work for free · Do you need to register copyright? · How long copyright lasts · Someone copied my work — what to do
Registered designs
Protect how your product looks
Last reviewed: June 2026 · For use in England & Wales. eLitigant is a Community Interest Company (No. 16566612), not a law firm, and does not give legal advice. Always confirm current rules and fees on gov.uk.
Contains public sector information licensed under the Open Government Licence v3.0.
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