QUESTION

If I obtain a patent on my invention, does that mean I have the right to make, use and sell my invention?

Asked on May 04th, 2015 on Patents - Nebraska
More details to this question:
Will I be all set to go after my patent?
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4 ANSWERS

No. A patent only gives the right to exclude others from doing so, provided the infringe the scope of the claims in your patent. Set to go where?
Answered on May 05th, 2015 at 11:50 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Maybe yes, maybe no. US Patent protection says that only you can make, use or sell your invention - UNLESS there is another active patent that covers your invention. You could obtain a patent on a chair with four legs - because it is different from the prior art stool with three legs. However, the stool patent may include a broad claim to a seat device having at least three legs. That claim would cover your invention. You need to know what is patented and active in your area to be sure that you can freely make, use and sell your invention - this is called a freedom to operate review and opinion. Search the USPTO website for free - www.uspto.gov - and then hire a professional to be safe. GOOD LUCK.
Answered on May 05th, 2015 at 7:22 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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It means that you have the right to stop others from making, using and selling. It does not give you the right to make use and sell. For example, you could get a patent on something that is controlled (firearms, medicine, fireworks, etc.) and you would still need to comply with the appropriate laws before you could make/use/sell it.
Answered on May 04th, 2015 at 5:30 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Theoretically, yes. Actually, you can distribute your invention at any time but you must submit a patent application within a year of the product being available to the public. Once you receive the patent, you alone can sell, license, or distribute your idea. However, any person or company who believes that it has a prior claim to your invention or some part of your invention can still file suit after the patent is granted.
Answered on May 04th, 2015 at 5:24 PM

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