experimental data: copyright or patent?
Posted in the Patent / Trademark Law Forum
#1 Aug 10, 2008
My question is in reference to copyright of experimental data. I have a friend who completed an experiment and he would like to have the
data(results)patented/copyrigh ted, so that others cannot use/publish the data without his
permission. I'm not sure that this data is patentable, as it is only data and has nothing to do with a process, method or product. In short, is this data patentable, or can it be copy-written in some way? Please advise.
#2 Sep 17, 2008
Unfortunately, you data would not be protected by either. Facts, such as data, generally not protectable. Copyright, at least in U.S., really protects expression, not the underlying information. So you could (maybe) protect the "selection, arrangement, coordination" of data, but not the data itself. Similarly, with patents, you could not protect the data, but perhaps get a patent on the type of experiment, such as the method or process, or any unique type of apparatus used in the process.
Hope this helps.
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