Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Sethrich0075 on September 30, 2017, 03:31:34 PM

Title: Writing A PPA... Using Prior Art Wording
Post by: Sethrich0075 on September 30, 2017, 03:31:34 PM
Hellow fellow patentors.
Thanks in advance for the advice!
So I am writing a Provisional Patent Application. I am getting very far along. I want to do as much as possible by myself to save on the attorney's Fee.
My question is can I  copy and paste some sentences that are in prior art?
I don't want to copy and past entire paragraphs. Just a couple sentences.
I don't want to infringe on anyone else's ideas, just their fancy wording.
One of the patents is expired, another is not, and another is not even a patent.
Will anyone notice, more importantly is it illegal
Also since i'm only writing a provisional it will be rewritten anyway after I find someone to licence my product to.
Title: Re: Writing A PPA... Using Prior Art Wording
Post by: Brad on October 01, 2017, 05:31:32 AM
Many patent attorneys will "reuse" various boilerplate type sentences and paragraphs from other older patents.   I don't want to say this is okay, rather, almost every application I have written and seen has pieces and chunks from other older applications.  As far as I know nobody has ever gotten in trouble for this and in theory older patents are supposed to free and in the public domain for other people to use.

If the specific patent you are looking at has any copyright statements I would be careful and maybe not copy from that one.

(THIS IS NOT LEGAL ADVICE)



Title: Re: Writing A PPA... Using Prior Art Wording
Post by: Sethrich0075 on October 02, 2017, 07:43:41 PM
Thanks a lot brad. I was starting too see patterns, even with the patents that were unrelated.