Antitrust Considerations In Patent Enforcement: A Patent Doesn’t Mean Grant Of Monopoly Power By A. José Cortina, Special To LTW
Editor's Note: José Cortina is a member of the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A.
RESEARCH TRIANGLE PARK, N.C. - A grant of a patent in the United States is often discussed as being a grant of a monopoly power. This is a misstatement because a patent only grants the owner of the patent the right to exclude others from making, using, selling, offering for sale and importing the invention defined in the claims of the patent.
A patent owner does not obtain an absolute right to practice his/her invention because, for example, there may exist patents owned by others that would be infringed by the “practice” of the invention claimed in the owner’s patent.
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