What authorization language is required for including copyright or mask work notices in patent applications?

To include a copyright or mask work notice in a patent application, specific authorization language must be included at the beginning of the specification. According to MPEP 608.01(w) and 37 CFR 1.71(e), the required authorization language is:

A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection. The (copyright or mask work) owner has no objection to the facsimile reproduction by anyone of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent file or records, but otherwise reserves all (copyright or mask work) rights whatsoever.

This authorization should preferably be placed as the first paragraph of the specification. It is important to note that without this specific language, the inclusion of a copyright or mask work notice may be objected to by the patent examiner.

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Topics: Patent Law, Patent Procedure
Tags: Copyright Notice Authorization, Legal Requirements, Mask Work Notice Authorization