Re: Re: Are patent drawings public domain?

One issue that has not been considered is the international position re copyright and patent drawings. Even statutory protection as a defense in one country is probably unlikely to affect the rights in another country, does it apply to drawings in a mere application where a patent may never be granted, does it apply to those drawings where the patent documents have been published around the world but only granted subsequently in the USA, . Considering the strength that some countries give to copyright and especially 3d reproductions, I would ask others in this list what is the position in such other countries eg New Zealand, Hongkong ,China, Europe etc. Howard Schulze
On 22/04/2006, at 9:45 AM, Jeffrey S. Ankrom wrote:

> Copyright Office Regulations 1, in Nimmer (8-11 Nimmer on Copyright
> Scope):
>
> Section 202.12(c): "A claim to copyright in a scientific or
> technical drawing, otherwise registrable in Class I, will not be
> refused registration solely by reason of the fact that it is known
> to form a part of a pending patent application. Where the patent
> has been issued, however, the claim to copyright in the drawing
> will be denied copyright registration."
>
> (At the website of the Copyright Office, one gets the impression
> that the item from Nimmer would match 37 C.F.R. Sect. 202.12(c).
> Not so, and too great a mystery for me this close to midnight.)
>
> At 202.10(a), patentability of the item depicted does not affect
> copyrightability of the drawing.
>
> Copyright notice may appear with drawings in patent applications.
> (37 C.F.R. Sect. 1.84(s).)
>
> In short, patent drawings are not necessarily available for use
> without permission. The entity filing the patent application would
> not necessarily hold the rights to the drawing(s). (To make things
> worse, are patent drawings *published*--in terms of copyright law--
> when the patent application is filed? It would seem otherwise. It
> would appear that even drawings from pre-1923 patent applications
> could be protected, though I would be pleased to be persuaded that
> they are in the public domain.)
>
> Jeffrey S. Ankrom
> BERRY & DOMER
> 701 North Walnut Street
> Bloomington, IN 47404-3848
> Tel. (888) 334-9050
>
> --- Original Message---
> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-
> COPYRIGHT[_at_]cni.org>
> From: "Richards, Ed" <richards[_at_]law.lsu.edu>
> Sent: 4/20/2006 4:55PM
> Subject: [CNI-(C)] Are patent drawings public domain?
>
>>> Got an interesting question today - are patent drawings filed
>>> with PTO
>>> and publicly available public domain, or does the person who
>>> filed the
>>> patent have a copyright interest in them? Say I wanted to use on
>>> as a
>>> book cover design?
>>>
>>> Thanks,
>>>
>>> Ed
>>>
>>> Edward P. Richards
>>> Director, Program in Law, Science, and Public Health
>>> Harvey A. Peltier Professor of Law
>>> Paul M. Hebert Law Center
>>> Louisiana State University
>>> Baton Rouge, LA 70803-1000
>>> richards[_at_]lsu.edu
>>> http://biotech.law.lsu.edu
>>> Phone: 225/578-7595
>>> Fax: 225/578-5935
>>>
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Howard Schulze
0417203279
(61 8) 82123133
hschulze[_at_]collison.com.au
collison[_at_]collison.com.au Received on Mon Apr 24 2006 - 19:45:00 GMT