I ran across something of interest while I was looking at different patents related to the slug.
Seems that an inventor of a particular patent, not only patented his efforts, but also copyrighted the patent itself. At first I wondered about this because I had never seen it done before, then it occurred to me that here was one smart group of lawyers.
Of course holding a patent is nice and sometimes you win big if your idea makes it into the market place but this is a thousand to one shot, but by copyrighting the patent they gave themselves an additional chance to win.
If the unsuspecting inventor and his lawyers files a patent in this area and by the use of a word processor or just clumsy writing happens to lift some of the wording from the older patent and it appears in the patent that this second inventor receives, the fireworks begin.
Another opinion: From a firm well versed in patent procedures: "A patent is non copyrightable subject matter. If the patent includes code, or other written materials, which qualify for copyright, that can be done.
Even if the law were different, it would no (sic) stop you from using the technology, because all you are protecting in a copyright are the words.
Therefore, the only liability would be the words, not the copyright.
There are about three or four additional errors to the theory."
When the second inventor gets his product to market and begins to reap the benefits, he will find himself afoul of the copyright law. By law he will have to surrender all proceeds from the practice of his invention to the holder of that first invention - and worse yet there is a penalty of three time the profits also which have to be turned over to the first inventor.
That's about the biggest penalty I can think of for violating another's patent. And it doesn't stop at seventeen years but is for the life of the copyright.
As always, ask two attorneys for an opinion and you'll get three different ones. Nevertheless, talk to your patent attorney or agent about this cheap but powerful tool!
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