Tag: right to use

Patentability Searches versus “Right to Use” Searches

Clients often ask us to perform patentability searches to determine whether it’s worth seeking a patent for an invention. The focus of a patentability search is to determine if an invention is novel, i.e., whether all of its features have been disclosed in a single prior art reference. The purpose of a patentability search is…

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Can I Make My Patented Product?—The Negative Monopoly Provided by Patents

  One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly.  That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims.  However, that right to exclude does not confer a right to practice the…

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