THE PATENT RIGHT: WHAT IT DOES AND DOES NOT CONFER
A patent confers the right to exclude others from making, using, or selling an invention. Direct infringement is the doing of any of these acts of making, using, or selling during the term of the patent within the United States with respect to the invention defined by the claims without authority of the patent owner.
It has long been settled that the patentee receives nothing from the law which he did not have before, and that the only effect of his patent is to restrain others from manufacturing, using or selling that which he has invented. (Sup. Ct. 1917)
The issuance of a patent is constructive notice to the world of its existence. One may therefore infringe without knowledge of the patent or intent to infringe.
If what the defendant is doing infringes, plaintiff should have its decree no matter whether defendant thought it up independently or got the idea from plaintiff's patent.
Knowledge, however, is relevant to liability for inducement or contributory infringement, as well as to the question of damages.
Every patent shall contain . . . a grant to the patentee . . . for the term of seventeen years . . . of the right to exclude others from