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Topic: Cut and Paste Ok? (Read 2628 times) |
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Isaac
Senior Member
Posts: 3472
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Re: Cut and Paste Ok?
« Reply #5 on: Nov 29th, 2006, 7:43am » |
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on Nov 28th, 2006, 6:05pm, Wiscagent wrote:Isaac -
During the next year or so a lot of "experts" will be writing articles and teaching seminars on all the changes in patent practice. |
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Maybe after wrestling with this for the next few years, you and I can go on the lecture circuit. :)
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Isaac
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Riverstone
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Hello,
A question closely related to a previous thread:
I have read that patent applications are one place where plagiarism is OK. If a previously approved application's specifications have sections of text that would work perfectly well in my specs:
- may I copy that text verbatim?
- if so, do I have to cite the source?
Thank you.
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: Cut and Paste Ok?
« Reply #7 on: Apr 18th, 2007, 10:26am » |
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First, that's really a copyright question and you should ask in the Copyright forum. My understanding is that patent applications are not an exception to normal copyright laws. Of course, I recycle my own work all the time. I've only copied others work when (i) it was for the same client as the original patent application and I had their permission or (ii) with proper attribution. I'm not sure that's entirely proper under copyright law, but it seemed like a fair compromise.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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stillstudying
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I asked a patent examiner about copying, specifically regarding drawings, and was told in no uncertain terms that it would be a violation of copyright.
I do wish they'd at least follow a 20-year rule as with the inventions themselves, but I guess we're stuck with the Mickey Mouse Protection Act schedule of, what, 90 years or so?
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JimIvey
Moderator
Senior Member
Posts: 2584
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Re: Cut and Paste Ok?
« Reply #9 on: Apr 19th, 2007, 9:39pm » |
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on Apr 19th, 2007, 7:02pm, stillstudying wrote:| I asked a patent examiner about copying, specifically regarding drawings, and was told in no uncertain terms that it would be a violation of copyright. |
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Was this particular examiner an attorney? Sounds like a legal opinion to me. He/she may have been right, but the "no uncertain terms" doesn't sound right. There are always exceptions -- even to the rule that there are always exceptions.
on Apr 19th, 2007, 7:02pm, stillstudying wrote:| I do wish they'd at least follow a 20-year rule as with the inventions themselves, but I guess we're stuck with the Mickey Mouse Protection Act schedule of, what, 90 years or so? |
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At this point, you can pretty much presume copyrights will last forever -- as long as Disney can mount an impressive lobbying campaign each time "Steamboat Willie" is about to fall into public domain.
Isn't it interesting? There is considerable pressure to weaken patents, which appear to favor smaller parties over larger parties (who could just use market power to bully competitors rather than patents). And, there is considerable pressure to strengthen copyrights, ownership of which seems to be concentrated in the hands of just a few very large entities. If I didn't know better, I'd say large corporations have considerable lobbying efforts relative to the lobbying efforts of smaller entities.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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