(1) CONTENTS.-Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof.
(a)(2) TERM.-Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120 , 121 , or 365(c) of this title, from the date on which the earliest such application was filed.
(3) PRIORITY.-Priority under section 119 , 365(a) , or 365(b ) of this title shall not be taken into account in determining the term of a patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
(c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination, or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer.
Compare the elements of the claim to the composition or method accused of infringement using the “all elements” rule: every element required by the claim must be present in the accused composition or method either literally or under Doctrine of Equivalents
It shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention…. solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.
Infringement is the unauthorized use of an invention claimed in a valid patent
Exceptions and defenses to patent infringement are relevant to university employees
Take steps to make your own patents strong (valid, enforceable and with proper inventorship)
Take steps to avoid infringing a third party’s patent
Remedies and damages can be substantial
Questions? Please Ask! Thank you to Ms. Jenna Cogswell at MST who helped prepare these slides! Contact us at [email_address] or 419.255.5900 for permission to use these slides, or to ask questions. We are happy to let others use these slides, but we would like to know who they helped.