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(Message started by: George on Nov 17^th, 2003, 10:17am)

Title: Exercise Patents
Post by George on Nov 17^th, 2003, 10:17am

Someone told me that if I obtain rights to a patent that I may not be able to use the patent because there may be other patents out there which will be infringed. I assumed that when you had a patent you had the right to use the patent. Is this true?

Title: Re: Exercise Patents
Post by gary on Nov 17^th, 2003, 5:04pm

A patent does not give you the right to use it. A patent permits you to exclude others from using it. In other words, a patent gives you the right to sue others, not a right to use it yourself. If another patent prevents you from using your patent, that other patent is called a "blocking patent."

Title: Re: Exercise Patents
Post by M. Arthur Auslander on Nov 17^th, 2003, 6:54pm

The owner of the overriding patent cannot use your patent without infringement.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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