Infringement of the United States Patent Right: A Guide for Executives and Attorneys

By Richard T. Holzmann | Go to book overview

2
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.


35 USC 154: Contents and Term of Patent

Every patent shall contain . . . a grant to the patentee . . . for the term of seventeen years . . . of the right to exclude others from

-11-

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Infringement of the United States Patent Right: A Guide for Executives and Attorneys
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • 1- Types of Litigation in General 1
  • 2- The Patent Right: What It Does and Does Not Confer 11
  • 3- Acts Constituting Infringement 17
  • 4- Factors Determining Infringement 67
  • Introduction 67
  • 5- Defenses 137
  • 6- Remedies 161
  • 7- Conduct of Patent Litigation: Jurisdiction And Procedure 199
  • Epilogue 223
  • Selected Bibliography 227
  • Table of Cases 229
  • Index 233
  • About the Author 237
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