Re: Can Someone Describe a BLOCKING PATENT?
« Reply #5 on: Apr 29th, 2007, 2:20am »
This blocking patent is usually called improved patent.
Yes, as has been said by Wiscagent and JimIve, I'd like to make a brief summary here:
Patentee B has patent PB which is an improvement over patent PA which belongs to patentee A.
The situation is like this:
Without a licence, A is not allowed to produce PB, but neverthless, is of course allowed to produce PA ('cause A is patentee of PA).
B is not allowed to produce both PA and PB, in spite that B is patentee of PB.
If PB is to be produced, a cross-licence is normally to be reached, which allows both A and B to produce PA and PB.
However, if it happened that A or B does not agree on such a licence, and if the patent PB is not of such great importance, then PB is not allowed to be produced by anybody, unless PA expires, then B is the only one who is allowed to produce PB.
And, if a strength coming from outside (eg, the government) rules that PB be made, then it's another thing. In such a case, both A and B might be granted th e right to produce PB (but not PA, we guess).
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