Q: If a person copyrights the summary and title of a patent, can anybody use the content of the summary to make decisions
Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.
A: Patents are not copyrightable, so anyone can make a copy of any patent. They just can't copy the invention.
A: Generally, patents are published after issued and many times before that unless there is a request not to publish. Anyone can learn what is in the patent. Only the patent owner has the right to make, use, offer to sell, or sell the invention. If someone else does that, it’s infringement.
So if the activities in the questions are a result of using the invention – that would be infringement. Using, means doing something (such as making a product) that contains all the elements (or having an equivalent of a claim element if applicable) of at least one claim in the patent.
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