Understanding Copyrights and Patents on Architectural Designs

Architectural designs, when original, are automatically protected under copyright law as per U.S. copyright law. If someone uses or builds your design without your permission, you can sue for the fees you would have earned. However, it's crucial to understand the nuances of copyrights and patents that apply to architectural designs.

What is Copyright Protection for Architectural Designs?

Copyright protection extends to architectural designs as they are considered original works of authorship fixed in a tangible medium, such as architectural plans or drawings. From a legal standpoint, definitions and classifications under U.S. copyright law are provided in the 17 USC 102 and 101.

Underlying Principles of Copyright

According to 17 USC 102 and 101, copyright protection includes:

Original works of authorship, including literary, musical, dramatic, and pictorial works. Stories, plays, and dances in the form of textual and musical compositions. Photographs, paintings, and sculpture. Movies and audiovisual works. Sound recordings. And, most relevant, architectural works.

However, copyright protection does not extend to the ideas, procedures, processes, systems, methods of operation, concepts, or discoveries underlying the design. In other words, while the architectural plans and drawings may be copyrighted, the architecture itself is not subject to copyright protection as it is an idea rather than a creative expression.

Patent Protection and Architectural Designs

Patent law can provide protection for certain aspects of architectural designs under the Patent Act, which covers inventions that are novel, non-obvious, and useful in the realms of articles of manufacture, apparatuses, machines, processes, or compositions of matter.

Can a Building be a Patentable Invention?

A building can indeed be considered an article of manufacture under the Patent Act. The main challenge lies in the lack of patentability for most building designs due to their obviousness. An invention is deemed obvious if a person of ordinary skill in the relevant field would find it obvious to combine existing technology to achieve the claimed utility. Most building designs would likely fall into the category of obvious inventions and thus not be patentable.

Architecture and Systems

Some architectural designs, particularly information system architectures, can be seen as inventions that describe systems. These systems can be patentable if they meet the criteria of novelty and non-obviousness. However, for a system to be non-obvious, it must solve a problem that was not obvious to a person of ordinary skill in the art at the time of the application.

Systematic Applications of Patents

While the majority of architectural designs are not patentable, there are exceptions. For instance, an innovative architectural design or concept that significantly enhances the functionality or performance of a structure may be patentable if it addresses a non-obvious technical problem.

Conclusion

Understanding the differences between copyright and patent protection is essential for architects and designers. While architectural designs and drawings are protected by copyright, the actual architecture itself is not subject to copyright. However, certain aspects of architectural designs, particularly those that can be seen as inventions, can be patent-protected if they meet the stringent criteria of novel, non-obvious, and useful inventions.

By navigating the complexities of copyright and patent law, architects and designers can better protect their work and prevent unauthorized use of their designs.