I am working as scientist for a university in the EU.
We have submitted a paper manuscript to a renowned journal. The manuscript got reviewed and finally accepted. Already upon submission, we asked the editor to withhold the publication until a corresponding patent application is filed.
For the corresponding patent application, we have provided the patent attorneys a draft of our manuscript and a few notes. The patent attorneys now provided us with a first draft of the patent application. I noticed that almost the entire manuscript draft was copied verbatim into the patent draft, including the figures. I reckon that the attorneys want to utilize all material they have at hand for the patent application. However, a 1:1 copy appears very lumpen to me.
I wonder: is it common practice to copy entire passages and figures from publication drafts into patents? Does this not induce a copyright infringement (we will publish in an open access journal though)? How should I proceed?