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   Any copyright on Patent specification and claims
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   Author  Topic: Any copyright on Patent specification and claims  (Read 576 times)
kennethc
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Posts: 24
Any copyright on Patent specification and claims
« on: Feb 25th, 2007, 9:41pm »
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Well, I don't know how to answer this question.
 
Question:
If an attoney/paent agent found a published patent within the same domain/field of with his client's invention.  
Can he use(copy) the sentence/wording from other patents?  
 
Any copyright issue?
 
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Azcatl
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Posts: 7
Re: Any copyright on Patent specification and clai
« Reply #1 on: Mar 17th, 2007, 7:48am »
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First, under the Copyright Act, the author is the owner of the copyright, and the copyright is created as soon as the work is "fixed in a tangible medium."  Under current law, all original works are born copyrighted. 17 USC 201.
 
"Works of the United States Government " do not have copyright protection.  17 USC 105.  But such works are defined as those "prepared by an officer or employee of the [US] as part of that person's official duties. 17 USC 101.
 
At first blush then, it would seem the copyright in the original parts of patent applications are owned by the author.   Given the public notice purpose of patents, however, I would think that the fair-use doctrine would allow some copying for use in other aplications. See 17 USC 107 and cases thereunder.
 
All patent lawyers do this, and I'm not aware of anyone being called on it.  Maybe someone knows of a case.
 
In any case, I may be a lawyer, but I'm not your lawyer; seek legal counsel for specifice questions.
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