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.

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: Patents are not copyrightable, so anyone can make a copy of any patent. They just can't copy the invention.

John Brian Hudak
John Brian Hudak
Answered
  • Intellectual Property Lawyer
  • Milford, CT

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.