Patent misuse

to get instant updates about 'Patent Misuse' on your MyPage. Meet other similar minded people. Its Free!

X 

All Updates


Description:
In United States patent law, patent misuse is an affirmative defense used in patent litigation when a defendant has been accused to have infringed a patent. It has also been used to mitigate damages following a finding of infringement or justify a failure to pay contracted-for royalties. This umbrella term usually describes any of the following:

  • a violation of antitrust laws
  • improper expansion of the scope or term of the patent
  • inequitable conduct in the procurement or enforcement of a patent (sometimes termed "non-purgeable misuse").


In the United States, a patent is a statutory right that grants the patentee the right to exclude others from making, using, or selling a patented invention. <!-- ] Historically, courts were willing to entertain a patent misuse defense for patent owners who never undertook any commercial use and solely sought out infringers. Recent decisions have held --> Under current U.S. patent law it is not patent misuse simply to enforce rights to a patent, in good faith, and enforcement is permissible irrespective of any use or non-use by the owner.See 35 U.S.C. ยง 271(d)(4); Dawson Chemical Co. v. Rohm & Haas Co., 448 U.S. 176 (1980). "Sham" or bad-faith patent enforcement--i.e., without belief that the claim is meritorious--however, can give rise to liability. See Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993).

The United States Supreme Court...
Read More

No feeds found

All
Posting your question. Please wait!...


No updates available.
No messages found
Suggested Pages
Zid
Zid
Tell your friends >
about this page
 Create a new Page
for companies, colleges, celebrities or anything you like.Get updates on MyPage.
Create a new Page
 Find your friends
  Find friends on MyPage from