Similarly, applicants may use terms such as "illustrations," "figures," or "illustrative diagrams" to describe x-rays or medical images that have been modified with words, abbreviations, symbols, or color indicators, such as arrows, markers, or pointers that illustrate topics discussed in the accompanying literary work. In such cases, the Office may register the modified image as a technical drawing if it is sufficiently creative, but the Office will not accept a claim in the underlying image itself.
When elements of color and the like are used to facilitate the medical use of x-rays or other images, the Office will refuse to register the claim based on the fact that the image is a useful article. There may be rare situations where x-rays or medical imaging may be registered if they are separable from the utilitarian function of the image, or if the imaging technology was used solely for artistic purposes. For such artistic uses of x-ray or imaging technologies, the sole artistic purpose must be recognizable from the deposit copy(ies), and must be conceptually separable and sufficiently creative.
Examples:
• Xavier Xander files an application for an x-ray of a broken arm and describes his authorship as a "photograph." The registration specialist will refuse to register the claim.
• Xenia Xon submits an application for an x-ray of a farm animal that has been modified with bright red colors and original images of processed food products. She describes her authorship as "two- dimensional artwork." The registration specialist may register the claim, because it includes creative elements that are conceptually separable from the x-ray.
Chapter 900 : 46
12/22/2014
