Gardere partner Terrell Miller recently spoke with IP Watchdog on another controversy stemming from the White House – this time over a cake, and whether its design constitutes a patent violation.
The reporter writes, “according to Miller, typically, patents protect inventions of new tangible things, copyrights protect artistic expression, and trademarks protect a name or symbol that identifies the source of goods or services. When it comes baking, under federal IP law, a recipe may be patented if it qualifies as a new invention. Per The United States Patent and Trademark Office, food products can be patented ‘when the combination of ingredients used, or the way they are processed, results in a food product totally unexpected.’”
Miller is an intellectual property litigator, counselor and registered patent attorney licensed to appear before the United States Patent and Trademark Office.
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