Understanding Important Patent Rights

Patents in the USA

Here is the important point to note by all new inventors is that patent does not providepositive right to make, use or sell his patented products, but rather it providesnegative right to exclude others from making, using or selling the invention. Do you understand the above statement? If your answer is no, then please read further.

Here you will get a clear picture by reading the following simple example "stool and chair invention concept", which is familiar to all patent practitioners.

A portable seating appliance art ‘stool’ having platform with three legs was invented by Abraham. And he applied for a patent and obtained patent grant for his invention.

Another inventor Bartholomew had come with invention "chair", in which he added a fourth leg, back support and arm support to have more comfortable. As the "chair’ has improvement over the ‘stool’, the patent office granted a patent to Bartholomew for his invention.

Now there is interesting question, who owns what rights?

Abraham invented basic portable appliance art ‘stool’, and he can exclude others from making, using, or selling his stool invention and also he can make, use and sell his invention ‘stool’ with out any fear of infringing others patent right. Hence, he has both negative right and positive right on his invention.

Where as, Bartholomew can only exclude [negative right] others from making, using or selling devices which has four leg, back support and arm support, and his patent does not give him any right to make these devices. Indeed, since chair also has a platform and three legs [which is equivalent to stool], if chairs are made without obtaining a license from Abraham, then it will be infringing Abraham’s stool patent.

Thus, it will be clear that a person having a patent does not give that person the right to practice his invention. The basic patent only has both positive and negative right, where as all improvement patent enables their owner to exclude others from practicing their patented products.

About the Author:

Senthil is a registered patent agent with Indian patent office. He has the right combination of Technology, Management and Intellectual Property. Senthil is also an Inventor in seven patent applications, in the area of Product Design, Instrumentation and Process control. And also I am running a patent blog http://indiapatents.blogspot.com



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Luscious Chocolate Recipes:

Enticing Chocolate Fudge, Icings, and more:

Icing can be formed into shapes such as flowers and leaves using a pastry bag. A pastry bag is an often cone- or triangular-shaped, hand-held bag made from cloth, paper, or plastic that is used to pipe semi-solid foods by pressing them through a narrow opening at one end. Aside from icings and frostings, pastry bags are commonly used to shape meringue and whipped cream, and to fill doughnuts with jelly or vanilla custard. Using icing to decorate cakes is commonly used with wedding cakes, anniversary cakes and birthday cakes.

Chocolate Cones

Boil the sugar as directed for fondant in the recipe for Chocolate Creams, No. 2, but not quite so long - say about eleven minutes. The syrup, when tested, should be too soft to ball. When cold, pour into a bowl, and beat until thick and creamy. If properly boiled, it will not become thick enough to work with the hands.

Have six ounces of Walter Baker & Co.'s Premium No. 1 Chocolate melted in a bowl. Pour half of the creamed sugar into another bowl, and, after flavoring with a few drops of vanilla, add to it about one-third of the dissolved chocolate . Stir until thick and rather dry; then make into small cones, and drop on a slightly buttered platter. Put half of the remaining creamed sugar in a cup, and set in a saucepan containing boiling water. Flavor with vanilla, and stir over the fire until melted so much that it will pour from the spoon. Take the saucepan to the table and dip one-half the cones in, one at a time, just as the Chocolate Creams, No. 1, were dipped in the melted chocolate . If liked, a second coating may be given the cones. Now put the remainder of the creamed sugar on to melt, and add two tablespoonfuls of hot water to it. Stir the remainder of the melted chocolate into this, and if too thick to dip the candy in, add hot water, a few drops at a time, until the mixture is of the right consistency; then dip the rest of the cones in this.

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