Application of Richard Q. Yardley

493 F.2d 1389 (1974)

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Application of Richard Q. Yardley

United States Court of Customs and Patent Appeals
493 F.2d 1389 (1974)

Facts

Richard Yardley (plaintiff) submitted an application to the United States Patent and Trademark Office (PTO) (defendant) to secure a design patent on an ornamental watch face. Yardley had previously secured a copyright on the same watch-face design. The PTO denied the application, and the PTO Board of Appeals agreed, determining that an author-inventor could not secure both a copyright and a design patent on the same subject matter. Yardley appealed.

Rule of Law

Issue

Holding and Reasoning (Lane, J.)

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