Submission of Copyrighted Articles to the PTO “Fair Use”, D. Minn. Magistrate Rules

Federal Magistrate Jeffrey Keyes ruled that it is fair use for law firms to use copyrighted journal articles when preparing patent applications, and recommended that an infringement suit against Schwegman Lundberg & Woessner PA (SLW) by two academic publishers be dismissed.

Brad Forrest, SLW shareholder and chairman said:

“We are pleased with the result.  The decision supports the long standing practice of providing patent offices with non-patent literature to help improve patent quality.  It benefits every inventor and company involved in innovation, without harming established markets for copyrighted works.”

More information about the ruling can be found on Law360’s site.

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