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May I print claims from one of your patents and reference you in a book I am writing? (to any ip attorney on Avvo)

San Mateo, CA |

I need to use some claims from an ultimate consumer software patent for a book on software patents. I figure an attorney could benefit from targeted exposure.

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Attorney answers 3

Posted

You may use claims from one of my patents and reference me in your book.

I always attempt to provide pertinent and relevant information. However, intellectual property law is complex and cannot be fully explained in a brief communication like this.

Bruce E. Burdick

Bruce E. Burdick

Posted

My prediction is you now get a telemarketing call from the Asker seeking compensation before doing that "targeted exposure".

Norton Russell Townsley

Norton Russell Townsley

Posted

Thanks for warning me.

Posted

Recent case law would consider this kind of use within the "fair use" exception to a copyright infringement claim. Yes, there is a case about publishers suing patent lawyers who included other patents in their submissions to the USPTO: http://www.lexology.com/library/detail.aspx?g=f96defea-a4ac-4525-91bf-84c06336bfda

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

Frankly sir, you generally don't need permission, as that is generally fair use. Patents are public documents. The trade the patentee makes with the public is to give a disclosure to the public in return for exclusive rights to the claimed invention. The claims are especially so because they are needed to provide public notice of the scope of the invention. The attribution should be given to minimize objections.

I am guessing your question is a marketing ploy and that you will be asking compensation from any attorney saying yes. Don't call me looking for money for doing this.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Pamela Koslyn

Pamela Koslyn

Posted

"Sir"? Very sexist assumption about the poster.

Asker

Posted

hahaha. Because of previous answers, I was given the impression that I wouldn't be able to publish an excerpt without the attorneys permission. It seems the responders weren't aware that I was intending to reference the source patents. Perhaps M would have been most tactful? http://genderfork.com/2012/question-alternatives-to-sir-and-maam/