This patent has, as part of its content about projective geometry, text and diagrams copied from my web site http://www.nct.anth.org.uk/ without permission or acknowledgement. Is that ethical in a patent application?
prior-art-request
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1Can you please specify which patent it is?– ElinCommented Mar 31, 2014 at 13:07
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4Plagiarizing is only an academic offense, it would be copyright violation that would potentially matter. A patent application containing copyright material without permission would not affect patentability unless it showed the inventor wasn't actually the inventor.– George White ♦Commented Apr 1, 2014 at 16:29
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I suspect that fair use could be claimed for material copied into a patent application, because no rights are claimed in the work under copyright except for the clear exceptions in MPEP 608.– Louis IselinCommented Nov 18, 2014 at 22:31
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Related to: patents.stackexchange.com/questions/12449/…– arober11Commented Mar 24, 2015 at 14:03
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Related: patents.stackexchange.com/questions/44/…– arober11Commented Mar 24, 2015 at 14:05
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1 Answer
It is common in patent applications to describe the "background art". Proper attribution should be made.
