Best Mode v. Copyright

From: Bruce Bertram <bmb[_at_]>
Date: Wed, 11 Sep 1996 21:46:20 -0800

I'm curious if anyone on either the patent or copyright list has considered the following dilema?

For a variety of reasons, in particular best mode requirements, many practitioners routinely submit code listings with their patent applications involving computer-related inventions.

Query: Whether registered or not, the code is copyrighted. Therefore, upon expiration of any patent(s) which may issue, since the copyright term is semi-infinitely longer, how can the software listing satisfy the best mode requirement since the copyright prevents one skilled in the art from practicing the invention??

Bruce M. Bertram       <URL:mailto:bmb[_at_]>     finger for public key
Patent Attorney        <URL:>
646 Hyde Park Drive    <URL:voice:408-739-9062>
Sunnyvale, CA 94087    <URL:fax:408-739-9413>
Received on Thu Sep 12 1996 - 04:52:02 GMT

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