After Grant of Patent: Right of the patentee
Right of patentee after grant of patent: After the grant of a patent, the patentee is granted exclusive rights to the invention which includes the right to prevent others from making, using, selling, or importing the patented invention without the patentee’s permission, for a specified period of time.
The grant of patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” the term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States.
The patent is issued in the name of the United States under the seal of the United States Patent and Trademark Office, and is either signed by the Director of the USPTO or is electronically written thereon and attested by an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it.
The patent only grants the right to exclude others from making, using, offering for sale, or selling or importing the invention.
It is important to note that, it is the “right to exclude”. The patent does not grant the right to make, use, offer for sale or sell or import the invention but only grants the exclusive nature of the right.
Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing into the United States the invention claimed in the patent. 35 U.S.C. 154(a)(1). Ownership of the patent does not furnish the owner with the right to make, use, offer for sale, sell, or import the claimed invention because there may be other legal considerations precluding the same.
Since the patent does not grant the right to make, use, offer for sale, or sell, or import the invention, hence if you want to practice your own invention, you need to check if by practicing your invention are you breaking the rights (IPRs) of others ? or are you breaking any other relevant law?
It is important to consider this question and then only proceed with practicing the invention.
that’s what it means by “right to exclude” and it does not automatically mean as a patentee you have the right to practice your invention. (especially if it is infringing on other patents in that field)
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.