1-Can I use the "Background of the invention" from a similar patent in my provisional application?

2-Can I write this? In this feature of the invention, I recommend increasing the sound.

or this

In this feature of the invention, increasing the sound is very useful. Thanks

  • These should probably be two separate questions. However, the first one appears to be a duplicate of Referencing other studies in background.
    – Maca
    Commented Dec 12, 2016 at 3:36
  • As for the second, why do you think you couldn't write that?
    – Maca
    Commented Dec 12, 2016 at 3:37

1 Answer 1


For the first question: There is actually copyright on the text of patent applications (and the drawings), so if it is not your patent, no. (EDIT: see comments, this answer to the first question might be wrong)

For the second, I'd go with the second sentence as using personal pronouns is bad style. But something like "concerning this feature, an additional measure to increase user compatibility would be to turn up the volume". Your sentence hints that not increasing the volume might be bad and depending very much on the circumstances and the rest of the patent you might end up having to take the increasing volume into the respecting claim.

  • Your first statement appears to be incorrect. According to the USPTO website, the text and drawings of a patent are typically not subject to copyright restrictions. See patents.stackexchange.com/questions/44/… Commented Dec 12, 2016 at 14:49
  • Huh, interesting. I remember somebody saying that there is Copyright in the text (in Europe though). I'll try finding out more about this.
    – user18033
    Commented Dec 12, 2016 at 17:23

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