I recently came across a journal article that included and referenced a figure (photograph) from a US patent. I found the patent, and I would like to use the same figure, and I'm wondering who the copyright holder is. Might it be free to use since the patent itself is public, or do I need to ask around until I find the copyright holder?
Answer
It depends on how the figure is being used. If it is for non-commercial purposes -- e.g., in a scientific journal to support a study -- then it will likely fall under the 'fair use' provision. If it is for commercial purposes, such as a book that you are seeking to publish, then it is likely considered commercial purposes, and you will need to work out the permissions.
http://patentdocs.typepad.com/files/memo-on-use-of-npl.pdf
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