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- Under 35 U.S.C. § 271 (a), a patent is infringed when someone “without authority... offers to sell, or sells any patented invention, within the United States.” 1 In this manner, “ [t]he territorial reach of section 271 is limited,” 2 and the Supreme Court has long ago made clear that “the US patent laws do not, and were not intended to, operate beyond the limits of the United States.” 3 But for many industries, where a sale occurs can be unclear: Perhaps some of the negotiation, contracting,...
Under 35 U.S.C. § 271(a), a patent is infringed when someone “without authority . . . offers to sell, or sells any patented invention, within the United States.” 1 In this manner, “[t]he territorial reach of section 271 is limited,” 2 and the Supreme Court has long ago made clear that “the US patent laws do not, and were not intended ...
Feb 6, 2023 · Under 35 U.S. Code § 271, a US patent is infringed when someone: without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore….
- Nature of rights. The patent grant 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.”
- Patent marking and patent pending. A patent owner who makes or sells patented articles, or someone who does so with the owner’s permission, may notify the public that the article is patented by marking the articles with the word “patent” and its patent number.
- Patent term extension and adjustment. The terms of certain patents may be extended or adjusted under 35 U.S.C. 154(b). Extension or adjustments result from certain delays in a pending patent application.
- Maintenance fees. After the USPTO issues a utility patent, the patent owner must periodically pay fees to maintain the patent in force. No fees are required to maintain a design or plant patent in force.
Aug 27, 2024 · No U.S. patent can be issued if, before you apply in the United States, the invention was patented abroad by you or your legal representative and if the foreign application was filed more than 12 months before the U.S. filing.
Jan 27, 2023 · Under 35 U.S.C. § 271 (a), a patent is infringed when someone "without authority . . . offers to sell, or sells any patented invention, within the United States."
- Daniel Cooley
First, if the patent owner desires to prevent sales of the patented invention in foreign countries, it can obtain and enforce foreign patents. 46 Second, if the accused product enters the United States, the patent owner can enforce its patent against the importer.
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Oct 30, 2024 · I. OWNERSHIP. 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).
