Ligamine, Solicitors And Consultants


A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected.

It is important to note that a patent does not grant the patent owner any right to make their own invention. Rather, the patent gives the patent owner the right to exclude others from making, using, selling, or importing the invention. The patent holder’s right to make their own invention is dependent upon the rights of others and whatever general laws might be applicable. Another party may own a patent that will prevent the patentee from utilizing her/his own invention. In addition, government laws, such as antitrust laws or FDA regulations, may restrict the ways in which a patent holder can utilize her/his invention.

Since the essence of the right granted by a patent is the right to exclude others from commercial exploitation of the invention, the patent holder is the only one who may make, use, or sell the invention. Others may do so only with the authorization of the patent holder. Such authorization is usually given through a patent license agreement.

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