Patent Law FAQ

Patent ownership grants the owner the right to exclude others from making, using, offering for sale, selling, or importing the patented invention into the United States. However, it’s important to note that ownership does not automatically grant the right to practice the invention. The MPEP states:

‘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 same…’

These other considerations may include existing patents, regulatory approvals, or legal injunctions.