Friday, January 20, 2012

Patent Office Says That Using Prior Art in Patent Prosecution is Fair Use

People sometimes ask me about copying a journal article for prior art purposes, either to use in court or to give to the Patent Office in patent prosecution.  Can the owner of the copyright in the journal article complain about making those copies, or demand a royalty?  My response has always been that such copying is fair use.  As it turns out, the Patent Office agrees.

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