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The on-sale bar is an extraordinarily (some would argue needlessly) complex body of patent law in all but the simplest cases. [1] For instance, licenses are normally not considered a sale, even when a sample product is transferred as part of the license, but a computer software license is considered a barring sale even if the patent claims are ...
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. [ 1] In most countries, patent rights fall under private law and the patent holder must sue someone ...
United States patent law. The United States is considered to have the most favorable legal regime for inventors and patent owners in the world. [ 1] Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious.
United States patent law. The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the ...
Patent law. A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [ notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing ...
First-sale doctrine. The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted ...
United States v. Glaxo Group Ltd. - Supreme Court, 1973. Relation between patent law and antitrust law. Dann v. Johnston - Supreme Court, 1976. Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro - Supreme Court, 1976.