Prior users rights Flashcards
The use of a patented product without infringement
What is a “Prior users” right?
It is the use by one person when another holds the patent but the other came up with the same invention
Why is this allowed?
To prevent inequity between the parties
What does it also try to achieve?
It attempts to achieve the restriction of abuse of the patent monopoly
What is patent exhaustion?
It is the limitation of patent exclusivity
How is patent exhaustion applied?
Once a patent owner has exploited the value of a patent by its sale, the patent owner can no longer claim exclusivity of that patent
What restrictions are placed for exhaustion not to be applied?
When the sale of the patent limits the production of the patent item
When a patent or Intellectual Property right is sold what is that known as?
“First Sale Doctrine”
How else is patent exhaustion also used?
It helps to prevent conflict between ownership of a patent and a product in which the patented item is produced
How else is Patent exhaustion imposed?
It is often imposed on a regional basis to prevent the conflict of one country holding a patent on a product and another not
Give an example of such patent exhaustion a regional basis?
The European Union allows free trade of goods and services throughout its member states. A regional patent would prevent such free trade between its members
Why is a compulsory license applied to certain patented products?
It prevents abuse of a patent when the public interest and rights are involved
