What rights does patent ownership provide?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 into the United States the invention claimed in the patent. This is stated in 35 U.S.C. 154(a)(1) . However, ownership does not necessarily give the owner the right to make, use, sell or import the invention, as there may be other legal considerations such as: Existence of another patent owner with a dominant patent Failure to obtain FDA approval An injunction by a court National security issues Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Record of Patents and Applications Required MPEP 301 Required Definitions for Ownership and Assignability of Patents and Applications MPEP 301 Required Assignment of Patent Rights Permitted MPEP 301 Permitted Patent Owner Exclusion Right MPEP 301 Assignment of Patent Must Be in Writing MPEP 301 Ownership Does Not Grant Right to Make Invention MPEP 301 Patent Owner Cannot Make Invention Without Legal Clearance MPEP 301 Permitted Assignment of Patents Must Be in Writing MPEP 301 Required License Transfers Limited Patent Rights MPEP 301 Permitted Assignment of Patent Transfers Ownership MPEP 301 Other Related FAQs 5 FAQs Collapse What information is available in USPTO patent assignment records? How does the USPTO handle confidential patent assignment information? What is the significance of recording a patent assignment? Are all patent assignment records publicly accessible? What information is available in the USPTO&#8217;s assignment database?