Comparison
Patent vs Trademark: What's the Difference?
Quick answer
Patents protect inventions — novel processes, devices, or compositions. Trademarks protect brand identity — names, logos, and slogans that distinguish your goods and services. Most businesses need trademark protection; patent protection is valuable when you have a genuinely novel technical invention worth defending.
Written by James Chae — Co-Founder, Expert Sapiens
Platform expertise: IP law & patent services · Reviewed April 2026
Key differences
AspectPatentTrademark
What it protectsNovel inventions, processes, compositions, and designsBrand identifiers: names, logos, slogans, packaging
Duration20 years (utility patent); 15 years (design patent)Indefinite — renewable every 10 years with active use
How acquiredApplication and examination (18–36 months typical)Application and examination (12–18 months typical)
Cost$10,000–$30,000+ for a full utility patent$1,000–$3,000 for standard filing and prosecution
RequirementMust be novel, non-obvious, and usefulMust be distinctive and used in commerce
MaintenanceNo renewal — expires after term with maintenance feesMust renew and demonstrate continued use to keep protection
When to choose Patent
- You have invented a novel device, process, or composition that competitors could copy
- You want to prevent others from using your technical innovation for 20 years
- You plan to license your invention as a revenue stream
- You are in a technology or biotech space where IP is a primary competitive moat
When to choose Trademark
- You are launching a brand with a name or logo you want to protect exclusively
- You want to prevent competitors from using similar names in your industry
- You are investing in building brand recognition and need legal protection for it
- You want to enforce your brand rights against infringers nationally or internationally
Bottom line
Most businesses should start with trademark protection — it is faster, cheaper, and protects the brand you are actively building. Patents are valuable when you have a genuinely novel technical invention and the resources to enforce the patent against infringement. An IP attorney can help you prioritize which filings to pursue first given your budget and business model.
Typical cost
Hourly rate
$200–$600/hr
Patent attorneys command the highest rates; trademark and copyright specialists are lower
Per session
$200–$500
For a strategy consultation, trademark search, or IP audit
Flat fee (patent filing)
$1,500–$30,000
Provisional: $1,500–$5,000; full utility patent: $10,000–$30,000+