How should patent examiners handle potentially copyrighted material during internet searches?
When conducting internet searches, patent examiners must be cautious about handling potentially copyrighted material. The MPEP 904.02(c) provides specific guidance on this matter:
“Care should be taken to avoid copyright infringement when including an excerpt from a copyrighted source in an Office action. Usually, examiners should not include more than a limited number of paragraphs or lines from copyrighted sources in Office actions.“
To comply with copyright laws and USPTO policy, examiners should:
- Use brief excerpts or summaries when referencing copyrighted material
- Provide proper citations for all sources used
- Avoid reproducing entire articles or substantial portions of copyrighted works
- Consider paraphrasing or summarizing the relevant information instead of direct quotation when possible
By following these guidelines, examiners can effectively use internet resources while respecting intellectual property rights.
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