10 – Patent Rights Are Exclusionary Rights

The patent owner’s rights are exclusionary: she may exclude others from making, using, selling, offering to sell, importing the patented invention and importing a product made by a process patented in the importing country. Each one of these acts constitutes an independent right granted to the owner of the patent. Unauthorized performance ofany of these acts by a third person will amount to infringement of the patent.

Patents rights are not affirmative rights. That is, they do not confer the right to perform any of the acts listed above, they only confer the right to exclude others from doing them. A patent owner may be prevented from making, using or selling a product of a patented invention because, among other things, there might be a major patent that dominates the field or a government may refuse market approval for the patented product.

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