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- According to the rules and practice of the U.S. Patent and Trademark Office (USPTO), the patent owner is the entity who has authority to file patent applications and take action in a pending application. The patent owner is also the entity who has the right to enforce an issued patent, for example, by filing a patent infringement lawsuit.
Oct 23, 2023 · According to the rules and practice of the U.S. Patent and Trademark Office (USPTO), the patent owner is the entity who has authority to file patent applications and take action in a pending application. The patent owner is also the entity who has the right to enforce an issued patent, for example, by filing a patent infringement lawsuit.
The Government may use any patented invention without permission of the patent holder, but the patent holder is entitled to obtain compensation for the use by or for the Government. This web page discusses the rights granted by a U.S. patent, as well as patent infringement.
- 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.
US law presumes that a patent application is owned by the individual inventor (s) unless another person or entity is properly identified and substantiated as the patent owner. So the inventor is assumed the owner unless otherwise indicated.
Oct 30, 2024 · 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).
Aug 27, 2024 · The patent laws of many countries differ in various respects from U.S. patent law. In most foreign countries, publication of the invention before the filing date of the application will bar the right to a patent.
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Nov 5, 2021 · The patent owner (which may be the inventor, an applicant or an assignee) in the United States has the legal right to exclude others from making, using, selling or offering to sell an invention.
