How should patent examiners handle potentially copyrighted material during internet searches?
When conducting internet searches, patent examiners must be cautious about handling potentially copyrighted material. The MPEP 904.02(c) provides specific guidance on this matter: “Care should be taken to avoid copyright infringement when including an excerpt from a copyrighted source in an Office action. Usually, examiners should not include more than a limited number of paragraphs…
Read MoreCan 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…
Read More