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Articles

Is copying articles for purposes of disclosure with patent applications copyright infringement?

August 8, 2013

Articles

Is copying articles for purposes of disclosure with patent applications copyright infringement?

August 8, 2013

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Patent lawyers are familiar with the USPTO’s strict disclosure requirements.  Patent applicants must disclose all information known to be material to patentability.  Citation to articles is not sufficient.  Rather, copies of articles must be provided by applicants.  Copying these articles necessarily implicates copyright, which grants the copyright owner the exclusive right to make copies, subject to various limitations such as fair use.  So is it permissible under copyright law for a law firm to copy and archive articles and submit such copies to the Patent Office without violating copyright law?

As Joel, a Principal in Fish’s Twin Cities office, explains in this blog post, United States Magistrate Judge Jeffrey Keys concluded yes. Read more on Fish’s Litigation Blog.

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