Can I obtain both a design patent and a copyright for the same design?
Yes, you can obtain both a design patent and a copyright for the same design. The MPEP states:
“There is an area of overlap between copyright and design patent statutes where the author/inventor can secure both a copyright and a design patent. Thus an ornamental design may be copyrighted as a work of art and may also be subject matter of a design patent. The author/inventor may not be required to elect between securing a copyright or a design patent.”
This overlap was confirmed in the case of In re Yardley, 493 F.2d 1389, 181 USPQ 331. It’s important to note that while both protections can be obtained, they serve different purposes and offer different types of protection.
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