Can copyright notices be included in patent applications?

Copyright notices may be included in patent applications under certain conditions:

  • The notice must be placed adjacent to the copyrighted material
  • The content must be limited to required legal elements
  • An authorization statement must be included in the specification
  • Notices in drawings must comply with 37 CFR 1.84(s)

As stated in 37 CFR 1.71(d): “A copyright or mask work notice may be placed in a design or utility patent application adjacent to copyright and mask work material contained therein. The notice may appear at any appropriate portion of the patent application disclosure. For notices in drawings, see § 1.84(s). The content of the notice must be limited to only those elements provided for by law.”

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Topics: Patent Law, Patent Procedure
Tags: 37 Cfr 1 71, 37 Cfr 171, Copyright Notice, patent applications