[Clipart] Re: clipart Digest, Vol 31, Issue 44

[Russell Ossendryver]

The applicant has a right to copywrite drawing in the patent
submission as per
http://en.wikipedia.org/wiki/Template_talk:PD-US-patent

On 10/30/06, John Olsen <johnny_automatic at mac.com> wrote:
>  >Whoooooaaaaa...this breaks open an even large issue....Are all US patent
> >illustrations public domain???? This would be huge!
> >
> >Yes, in light of this illustration, I think its fine to create something
> >similar to this...this is arguable because there is a PD version of
> >it...
> >
> >Jon
> >
> >--
> >Jon Phillips
>
> I'm no lawyer, but my understanding is YES, all U.S. Patent illustrations are PD.  They cannot be copyrighted.  On the other hand, I wonder if any image of a trademarked character can be used in this way.  For example, if I invent a Mickey Mouse clock,  the image submitted to the Patent Office might well be PD, but the trademark on Mickey Mouse would almost certainly trump that.  Seems like a fuzzy area.
>
> John Olsen
>
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