What are the requirements for including a copyright or mask work notice in a patent application?

The U.S. Patent and Trademark Office (USPTO) allows the inclusion of copyright or mask work notices in design or utility patent applications under specific conditions:

  • The notice must be placed adjacent to the copyrighted or mask work material.
  • The content of the notice must be limited to elements required by law.
  • A specific authorization must be included at the beginning of the specification.
  • If included in drawings, the notice must comply with 37 CFR 1.84(s).

As stated in MPEP 608.01(w): The U.S. Patent and Trademark Office will permit the inclusion of a copyright or mask work notice in a design or utility patent application, and thereby any patent issuing therefrom, which discloses material on which copyright or mask work protection has previously been established, under the following conditions…

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Topics: Patent Law, Patent Procedure
Tags: USPTO requirements