Enforcing patent rights

Active inducement to infringe - e.g., sell non-patented compound with instruction to use in patented method, 271 (b) Contributory infringement - e.g., sell non-patented compound which has no use except in a patented process, 271(c)  

Export parts which are assembled outside the U.S. to make an invention patented in the U.S., 271(f) 

Libraries or subgroups of libraries can be products themselves which could be covered by product and/or product-by-process claims. Claims to the library need not describe in detail each or any particular molecule in the library. The claim need only clearly and distinctly claim the boundaries of the library as a whole such that those reading the claim understand when they are infringing - one does not infringe such a claim by making any particular compound but by making the library. 

The value of library claims such as those described above in the 684 patent is understood when one considers the split resin methodology [11] which was developed after the reaction rate constant method described above (see Process claims ). Using the split resin 

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Such information can be helpful in enforcing patent rights. Especially in cases where the deposited material is patented, the patent holder may wish to consider a simple "letter license," allowingthe requester to use the deposited material only in a certain manner (e.g., research purposes only) and requiring the requester to report any commercial uses of, or derived from, the deposited material. 

The printed pubHshed document which represents the patent rights granted by the Federal Government can be a complex Hterary work. There are specific and rigid legal requirements for the description, disclosure, and definiteness which support these affirmative rights and enable enforcement of those rights by the inventor or owner of the patent. The basis for this fiiU and complete disclosure of the invention in the patent is clearly articulated in the U.S. Constitution. 

Foreign genes, transcription and translation of, 12 517 Foreign patent rights, enforcement of, 18 190... 

As already mentioned, a patent gives the patentee a monopoly protection during its life, but it is up to the patentee to enforce his rights by detecting whether someone is infringing the patent, and then initiating legal action if the matter cannot be settled. 

As in the United States, patents in countries throughout the world are generally enforceable only in the countries where the patents are issued. There is no global patent patents must be applied for in each country where patent rights are desired. 

I would sincerely hope, however, that the basic and fundamental issue of the federal government s right to use its powers to enforce patents against U. S. nationals will soon be carefully considered in all of its ramifications. I do not think that this is a matter which should be backed into, but rather one which should be faced squarely and decided before the legislative branch of the federal government, rather than in a court proceeding in which all of the issues important to the public might not be presented. 

The TRIPS Agreement, one of the treaties enforced by the WTO, has set a 20-year patent life for all products, including pharmaceuticals. The clock starts when an application for a patent is filed with the appropriate national patent office. During that time companies have the exclusive right to sell the product within the national market. 

The patent, a form of IP, "confers the right to secure the enforcement power of the state in excluding unauthorized persons, for a specified number of years, from making commercial use of a clearly identified invention" (Machlup 1958). As with all forms of IP, patents exist only because government says they do. Unlike real property, a house, a chair, a book, IP is non-rivalrous. There is no natural limit to the number of users of IP and no natural economic value except the production cost of the physical support. Thus, patents do "not arise out of the scarcity of the objects which become appropriated" (Plant 1934). 

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