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Patent 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 it is not patent misuse to enforce rights to a patent, and enforcement is permissible irrespective of any use or non-use by the owner.


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