

No, Apple isn’t patenting developers’ work. But it still has a bigger problem - bensummers
http://www.technovia.co.uk/2010/08/no-apple-isnt-patenting-developers-work-but-it-still-has-a-bigger-problem.html

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macmac
Is it considered fair use to include copyrighted material in a patent
application?

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hga
Potentially. Fair use has no safe harbors, but I don't know of anything that
would outright ban an appropriate use of someone else's copyright protected
material in a patent application.

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macmac
I would expect that the starting point would be that using copyrighted
material in a patent application without permission would be that it would be
an infringement. The question is whether any exceptions apply?

