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Using Information From Another Patent

Using Information From Another Patent
« on: May 23, 2017, 12:40:50 PM »
Hi Brad,

I have an idea for which I intend to file a provisional patent.

There are a few similar products that have nearly outdated patents that also used older, more inferior technology that is not as reliable, prone to failure, etc.  The technology that I intend to use did not exist when these patents were issued and is not described or mentioned in the prior art inasmuch as I have found in my research.

There are other elements of my idea and design that I believe will be patentable.

My question is this.  Is there anything wrong with copying information from existing patents to use in my own patent?  Since these patents solve a similar problem, I'm thinking why recreate the wheel when information in the description and claims is similar, well written, and has already passed through the scrutiny of the Patent Office.

Thanks,
Mitch

Brad

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Re: Using Information From Another Patent
« Reply #1 on: May 23, 2017, 03:35:25 PM »
This is a common questions and I have seen attorneys argue either for or against copying from other patents.  In theory patents are supposed to be in the public domain so many don't see anything wrong with copying from them.

My personal (non-legal opinion) is that you should not copy word for word and at least try to re-phrase and re-word things a bit. 

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.