IP Firms Copying Journals Counts As Fair Use, USPTO Says

Law360, New York (November 14, 2012, 6:10 PM EST) -- The U.S. Patent and Trademark Office on Tuesday asked a judge to rule that it is fair use for law firms to make copies of copyrighted journal articles for internal use while preparing patent applications, backing Schwegman Lundberg & Woessner PA in a suit by academic publishers.

The patent office, which has intervened in the copyright suit in Minnesota federal court by the American Institute of Physics and John Wiley & Sons Inc., filed a counterclaim for declaratory judgment that Schwegman did not infringe by copying...
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