Comments on: Thoughts About Copyright Litigation v. Patent Litigation http://legalgeekery.com/2009/06/10/thoughts-about-copyright-litigation-v-patent-litigation/ Thu, 09 Feb 2012 03:24:18 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: GregSJ http://legalgeekery.com/2009/06/10/thoughts-about-copyright-litigation-v-patent-litigation/comment-page-1/#comment-2425 GregSJ Wed, 10 Jun 2009 22:47:57 +0000 http://legalgeekery.com/?p=1641#comment-2425 While I haven't done much from the patent side, I agree with you based on my copyright experiences. I think it is easier to use the law to show what is copyrightable. The copyright bar is original expression fixed in a tangible medium. Whereas patent requires something that is useful and innovative. I would argue that while copyright inquiries are primarily objective, patent inquiries are more subjective. Whether something is useful or innovative is always in the eye of the beholder (and thus the jury). While I haven’t done much from the patent side, I agree with you based on my copyright experiences. I think it is easier to use the law to show what is copyrightable. The copyright bar is original expression fixed in a tangible medium. Whereas patent requires something that is useful and innovative.

I would argue that while copyright inquiries are primarily objective, patent inquiries are more subjective. Whether something is useful or innovative is always in the eye of the beholder (and thus the jury).

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