Under United States law, a patent gives the patent owner the right to exclude others from making, using, offering for sale or selling the invention in the United States, or importing the invention into the United States. Generally, a patent holder may seek monetary damages and sometimes injunctive relief in a federal court proceeding for patent infringement. However, a patent does not give the patent holder the right to make, use, offer for sale, sell or import what his patent claims. This may seem counter-intuitive – the patent holder does not necessarily have freedom to practice what his patent claims. It is possible that practicing what the patent claims could infringe a different patent, such as a blocking patent. Thus, the patent laws grant prevention rights but not proactive rights– to exclude others from practicing what the patent claims.
If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).