Intellectual Property Forums (

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

Title: Exercise Patents
Post by George on Nov 17th, 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 17th, 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 17th, 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
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