Using Information From Another Patent

[Mitch]

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There are a few similar products that have nearly outdated patents that also used older, more inferior technology that is not as reliable, prone to failure, etc.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]

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. 

[SteveJ]

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.

That's gret advice. As an ex-EPO examiner, finding chunks of copied text didn't ring alarm bells, but it made it a lot easier to know where to search, or more pertinently, to know how to attack an application using the document from which text had been copied.

The idea of basing an applicaiton on a previous patent is how devlopment works. Indeed, you are required to cite the closest prior art in the European application process, and this is often someone else's patent. You add, amend, or improve sections of it to invent something new for which patent protection can then be sought. Just try not to copy word for word!