What rights does patent ownership confer?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Patent ownership gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing the claimed invention into the United States. As stated in 35 U.S.C. 154(a)(1):

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.

However, it’s important to note that ownership does not automatically grant the right to practice the invention, as there may be other legal considerations such as other dominant patents, regulatory approvals, or court injunctions.

For more information on exclusionary rights, visit: exclusionary rights.

For more information on patent rights, visit: patent rights.

Topics: MPEP 300 - Ownership and Assignment MPEP 301-Ownership/Assignability of Patents and Applications Patent Law Patent Procedure
Tags: Assignment Definitions, Assignment Ownership, Constructive Notice, Fees, Licenses Security Interests