For any work to be patented, it should not have been earlier published (known to the public) and one of the requisite for copyrightability is that the work is to be published. Therefore, a patent cannot be obtained in a work in which a copyright already exists. Further, can a copyright be obtained in a work, for which a patent has already been granted.
There are works like software, which can be copyrighted and per se cannot be patented, but no complete bar on its patentability is been provided by the legislation.




