26

Yes. That's one of the reasons why version 3 of the GPL specifically states that you must grant all downstream recipients of a covered work an irrevocable, royalty free license to the patented component, or you can't distribute the software. Redhat reached the first licensing deal that complied with this requirement. That is a good step, but not a solution. ...


22

I found answer on the USPTO web-site: Patents are published as part of the terms of granting the patent to the inventor. Subject to limited exceptions reflected in 37 CFR 1.71(d) & (e) and 1.84(s) , the text and drawings of a patent are typically not subject to copyright restrictions. The inventors' right to exclude others from making, using, ...


7

As far as I'm aware, a block of code or a piece of software can't be patented, period. That's strictly copyright territory. What can be patented is the process that the code implements. And to that end, a program licensed under the GPL may implement a process covered by a patent. GPLv3, however, mandates that you grant all downstream users a license on the ...


7

Mobile application or software or the computer program can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work". The unique characteristic of computer programs that differentiate them from other literary works is their dynamic essence, which usually includes algorithms ...


6

I think you're misunderstanding what a copyright does. No, a copyright is no substitution for a patent, in any way, shape, or form. I posted an answer a few months ago on Startups Stack Exchange which roughly describes the difference between these two mechanisms of intellectual property protection, "Can you copyright a program you have made from scratch?" ...


5

You have provided very little information about what you your app is doing. But based on what you have provided, I believe it is unlikely that you could receive patent protection. Generally speaking, a patent cannot be used to patent an idea, but rather the concrete manifestation of that idea. Said another way, to be patent eligible, an invention must be ...


5

Design patents protect the "look and feel" of a GUI. You don't have to show copying the way you do with copyright. A design patent is infringed if another GUI would be confused for yours by an ordinary observer. Here is an example from Apple v Samsung The Samsung GUI was found to be "confusingly similar" to Apple's patent even though there were many ...


5

In Rozenblat v. Sandia Corp. 69 USPQ2d 1474 (7th Cir 2003), the Seventh Circuit held that an inventor's patent drawings may be protected by copyright. This case is frequently cited when addressing this question and usually has been interpreted to mean only that it is possible for a patent drawing to be protected by copyright. The U.S. Patent and Trademark ...


5

"33kz0r" is wrong. The patent grant is a U.S. Government work, and is never copyrighted. However, the application and hence the grant could contain copyrighted images illustrating certain points, but they would have to be clearly marked with copyright information at the time of the application. The drawings required as part of the application are works ...


5

If you've invented a new mousetrap, you could certainly copyright a document describing it. However, the copyright would not prevent others from making, using, or selling the mousetrap, but just from making exact copies of the description document. In order to exclude others from making, using, or selling the mousetrap, you would need to patent the mousetrap ...


4

They can sue you without any prior notice. The sum they can sue you for is determined by marketplace facts and a few other matters. If you are a solo programmer with a few hundred or a few thousand sales at a nominal price, say under $100 per unit, then there is not a lot to be had, so there is little incentive for the patent holder to take you to court ...


4

Yes - you can use the boilerplate paragraphs. They likely won't hurt you but are unlikely to help you much. If you get a judge who thinks you "only get what the inventor actually invented" it doesn't add anything specific to the disclosure to enlarge the scope of what the judge decides you "actually invented". If you get a judge who thinks you get what the ...


4

Copyrights protect "expressions" of works of authorship, not ideas or product designs. Your data sheet can be copyright protected, and your user manual, your photos and videos of your great thing also. The name could be protected by trademark. If someone makes the same knife and called it something else and writes their own ads and takes their own pictures ...


3

There is not a simple answer to this question. Have you already shipped the app? In the US, you only have one year to file a patent application after the invention has been on sale. As a result, the clock may be ticking. As Bobfango said, you cannot patent an idea. However, you could attempt to protect your application if it is directed toward patent ...


3

Software or computer program can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work". The unique characteristic of computer programs that differentiate them from other literary works is their dynamic essence, which usually includes algorithms or mathematical formulae's ...


3

Copyright covers original expression. If you wrote your own original computer program, whether open source or not, it is a copyrighted work, similar to a painting, novel or music recording. Copyright protects expression, not ideas. If an idea is patented, then all expressions of that idea, whether or original or not, infringe on that patent, unless they ...


3

Copyrighted? Yes. Enforceable? Probably not. In the USA, the copyrighted nature of patents and applications for patents would, like anything else, initially depend upon when and how it was created and published. Prior to 1989 the publication was required to have a "proper copyright notice" or registration, but that is no longer the case. Works of ...


3

Yes. The patent is a public document which anyone can download for free from the USPTO. You are free to post a copy to your homepage.


2

For UK patent and patent application specifications published on or after 1 August 1989, copyright remains with the applicant or proprietor (apparently regardless of who drafted the application). (Earlier UK patent and patent application specifications are Crown copyright.) You are allowed to copy a UK patent specification to disseminate the information in ...


2

With apologies to the OP's narrow original question, given that questions involving distinct legal issues and non-US jurisdictions are being closed as duplicates, there are some points that I think need to be mentioned here. To summarize: given the lack of clear legal authority on copyright claims over patent materials in most countries, any blanket ...


2

At least in the US, "processes" and "methods" can fall within the range of patentable subject matter. To be at all sure of a valid patent, you'd probably want to write it to require a specific machine (e.g., "digital computer") carrying out the steps, not just the steps themselves. For a while, the US Court of Appeals for the Federal Circuit had a rule ...


2

This site, and my expertise, is confined to patents so I will not address copyrights. Patents cover inventions - the structure of an apparatus, the steps to take to achieve a result, the configuration and operation of a system are examples. The patent law's broad list what can count as an invention ends with the words "or any new and useful improvement ...


2

Partial Answer: Yes but its a bit tricky - A good transactional lawyer can help you. In the US, ownership of patent rights are typically recorded with the US Patent & Trademark Office in what they call the Assignment Database. However, liens and other security interests might be recorded with the USPTO but they might instead (or also) be recorded ...


2

You need not obtain permission to use the figure as per http://en.wikipedia.org/wiki/Copyright_on_the_content_of_patents_and_in_the_context_of_patent_prosecution#cite_note-2 Also, see answers to this previous question; Are text and images in the patent copyrighted? You may visit the below link to know more about patent drawings: http://www.invntree.com/...


2

Copyright Act of 1976 prevents the unauthorized copying of a work of authorship. However, only the copying of the work is prohibited--anyone may copy the ideas contained within a work. A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the ...


2

Further to this, experimental use of patented inventions does not generally constitute infringement under the doctrine of experimental use. It is part of the quid pro quo bargain of patent systems.


2

Nobody can stop you from playing with Graphene-- it is in your pencil. Graphene wasn't invented, it was discovered. Means of producing graphene (such as in sheets) and ways to use it are being patented. So you can do experiments on it and ways to produce it. If you want to develop and commercialize your own way to produce or use it, then you need to ...


2

From your question, it is clear you have a misunderstanding between patent and copyright. I suggest you begin by reading this introduction from the United States Patent and Trademark Office (USPTO). A copyright is a form of intellectual property (IP) that is affixed the moment a 'creative act' (writing a story, painting a picture, writing code) is created ...


2

First off, don't disclose any more details about your ideas on the Internet. Also, don't disclose the idea to others without a Non-Disclosure Agreement (NDA) in place first. Almost any public disclosure can be used as Prior Art, which is one way to invalidate patents. You need to keep this information confidential until you have a judicial disclosure (patent,...


2

Software as such are potentially patentable. However there is quite some limitations to this, even in the US. See for a related question that has been answered here:Can I patent a new internet based game which doesn't exist already? It is as you say there will be issues with copyright and this expires generally 70 years after the death of the author. ...


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