You are an inventor. You file a U.S. patent application and obtain a U.S. patent for an apparatus.
Does the patent give you right to make, use, or sell the apparatus?
No, it does not.
One of the biggest misunderstandings people have concerning U.S. patents is what rights they provide.
Generally speaking, U.S. patents allow their owners to exclude others from making, using, offering for sale, or selling an invention in the United States or importing the invention into the United States.
So what is the difference?
One difference is that if the owner of a patent for a product makes and sells the product, the owner can be liable for patent infringement of another patent.
Here is an example:
Big Auto Company invents the automobile and gets a U.S. patent on the automobile.
Joe Inventor invents an automobile with front wheel drive after Big Auto Company’s U.S. patent issues.
Joe Inventor gets a U.S. patent for an automobile with front wheel drive.
Joe Inventor makes and sells an automobile with front wheel drive.
Big Auto Company sues Joe Inventor for infringement of their U.S. patent.
Big Auto Company wins lawsuit, and Joe Inventor not only has to pay Big Auto Company for infringement but also must stop making and selling automobiles, whether they have front wheel drive or not, for the term of Big Auto Company’s U.S. patent.
So what was the point of Joe Inventor getting a patent if he can not make or sell the invention?
Well, Joe can stop others from making, using, or selling his invention. So if Big Auto Company wants to sell a car with front wheel drive, they will need Joe’s permission.
In a best case scenario, Joe licenses or sells his patent rights to Big Auto Company for a substantial amount of money, and spends the rest of his days sunning himself on a beach in Hawaii.
If you have any questions regarding patents consult with a registered patent attorney, such as Walter J. Tencza, Jr., Esq., PATENTNOW.COM®.
Copyright 2014 Walter Jr. Tencza, Jr. , Esq., All Rights Reserved.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Jr. Tencza Jr. and Patentnow.com® cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
