Can a plant be protected under both plant patent and utility patent provisions?
Yes, a plant can be protected under both plant patent (35 U.S.C. 161) and utility patent (35 U.S.C. 101) provisions. The MPEP cites the Supreme Court case J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., which held that: “patentable subject matter under 35 U.S.C. 101 includes newly developed plants, even though plant protection is…
Read MoreCan I obtain both a design patent and a trademark for the same subject matter?
Yes, it is possible to obtain both a design patent and a trademark for the same subject matter. The MPEP cites an important court decision on this matter: “The CCPA, in In re Mogen David Wine Corp., 328 F.2d 925, 140 USPQ 575 (CCPA 1964), later reaffirmed by the same court at 372 F.2d 539,…
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…
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