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| What are the benefits of patent protection? | 
| 
					
					The benefits of patent 
					protection include the right to exclude others, the right to 
					mark products, the right to advertise about patent coverage, 
					and the potential sale or licensing of the patent rights.  
					
					            Exclusive 
					rights.  A patent grants the owner the 
					exclusive right to make, use, sell, offer for sale, or 
					import (any of these acts are referred to as "practicing") 
					the invention in the United States during the term of the 
					patent.  35 U.S.C. § 271.  An 
					"exclusive right" is the right to stop someone else by 
					bringing a lawsuit against them.  A patent does not make 
					it legal for the owner to practice the invention.  If 
					the invention infringes another patent or is otherwise 
					illegal, practicing the invention by the owner may well be 
					unlawful.  The patent merely gives the right to 
					stop others.  To enforce this right, the patent 
					owner may have to sue alleged infringers in federal court. 
					
					            Patent marking.  After 
					a U.S. patent application is filed, products described in 
					the application can be marked with "patent pending" or a 
					similar notation.  The "patent pending" marking 
					can provide a significant commercial advantage, because 
					competitors do not know what is covered by patent protection 
					until the patent issues.  After a patent 
					issues, products covered by the patent may be marked with 
					the word "patent" or "pat." together with the number of the 
					patent.  35 U.S.C. §287.  The 
					inclusion of this patent marking on a product informs the 
					public of the patent status of items in commerce.  This 
					marking is also notice to potential infringers that a 
					product is covered by the patent.  If a product 
					is not properly marked,  then patent 
					infringement damages can only be collected for acts 
					occurring after the infringer is placed on actual notice of 
					the infringement. 
					
					            Advertising.  A 
					patent owner can advertise that a product is the subject of 
					a pending or issued patent, provided such advertising is 
					truthful.  Advertising about patent protection 
					may generate customer goodwill associated with a more 
					sophisticated unique product. Potential sale or licensing. A patent is a discrete asset which can be valued, used as collateral, licensed or sold. A patentee can transfer some or all of the rights under the patent. For instance, patents can be used as collateral or to increase investor confidence to obtain financing for a business. Sale of a business with significant patent rights is likely to bring about a higher sales price. Also, patent rights may provide useful leverage to work out cross-licensing agreements with competitors. Patent rights can also help a business in other ways. For example, owning patent rights in a product is often important in finding companies to help manufacture and/or market the product on a wider scale than could be accomplished by the patentee alone. | 
Copyright © 1994 - 2024 by LAWCHEK, LTD.
This is not a substitute for legal advice. An attorney must be consulted.
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