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One effect of modern patent usage is that a small-time inventor, who can afford both the patenting process and the defense of the patent, [110] can use the exclusive right status to become a licensor. This allows the inventor to accumulate capital from licensing the invention and may allow innovation to occur because he or she may choose not to ...
This statute allows the US government to override patent protection (or contract another entity to do so) for public-use purposes. The patent owner can sue for limited compensation. [36] Invention Secrecy Act (1951) Patent Act of 1790, First Patent Act - April 7, 1790; Patent Act of 1836; Patent Act of 1870; Patent Act of 1952; Patent Reform ...
In the process of developing an invention, the initial idea may change. The invention may become simpler, more practical, it may expand, or it may even morph into something totally different. Working on one invention can lead to others too. [13] History shows that turning the concept of an invention into a working device is not always swift or ...
Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or the extent of protection [73] is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for ...
(a) the problem with biological inventions is where the discovery of Nature's work ends and where a human invention begins, i.e. patent monopoly should not encompass a "natural phenomenon or a law of nature". (b) the problem with the software inventions (such as “mathematical algorithms, including those executed on a generic computer,...
The European Patent Convention (EPC) does not provide positive guidance on what should be considered an invention for the purposes of patent law. However, it provides in Article 52(2) EPC a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter:
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