Patent Exclusive Rights: Everything You Need to Know

Patent exclusive rights can to stop other companies from using, selling, or making an invention in the United States or from importing it into the country.3 min read

Patent exclusive rights are the rights a patent has to stop other companies from using, selling, or making an invention in the United States or from importing it into the country. This also refers to the possessions and territories that the patent term has for 20 years from the date the original application was filed in the country. Maintenance fees are required to be paid over the years.

What is the Process When an Inventor is Granted a Patent?

When an inventor applies for a patent and gets granted that patent, the U.S. patent in the name of the United States will come in the mail with the seal of the Patent and Trademark Office. This is signed by a U.S. Patent Office official or by the Commission of Patents and Trademarks. The patent will have a grant to the patentee as well as a printed copy of the drawing and specification that's annexed to the forms and patent.

What Does the "Right to Exclude" in Patent Law Mean?

A patent doesn't grant the right to any of the following:

  • Making the invention
  • Using the invention
  • Selling the invention
  • Importing the invention

Instead, it just grants the particular nature of the right. A person can usually use or sell what they want, and a grant from the government isn't necessary. The patent just gives the person the right to stop others from using or selling the invention. The patentee's right to do this depends on what the general laws are and the rights of others.

What Is the Process in Correcting Granted Patents?

Just because a patentee has been given a patent for their invention, it doesn't mean that they're authorized to use, sell, make, or important their invention if it means they'll be violating a law. For example, someone who invents a new vehicle and has received a patent isn't entitled to use that vehicle in states where a license is required. They also can't sell it if a law forbids the sale just because they have a patent.

If there's been a clerical error in the patent, a new certificate can be ordered without charge if the printed patent and the one in the office don't correspond. These corrections are mainly typographical errors that are made during printing. Small errors that the applicant made can be corrected with a certificate of correction and will be required to pay a fee.