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Rights under a Patent

A patent gives the patentee the right for 20 years from the date of filing the application for the patent to stop other people using the invention which is covered by a patent. As a result, during the patent protection period, you alone, as the proprietor or patentee, have the right to manufacture, use, import or sell the patented invention.

A product patent is infringed if another, without your consent makes, disposes of, uses, imports or keeps the product. In the case of a process patent, infringement rules are similar but also cover dealing in products derived from that process. With a process patent, using the process without consent infringes whether or not the user knows of the patent; knowledge (or that it would be obvious to a reasonable person) needs to be shown only where someone offers the process for use in the UK. With a patent for a product, it is unnecessary for you to show either of those elements.

As well as using a patent to prevent your competitors from using the invention, you may wish to grant a licence under that patent to another to use the invention, commonly in return for royalties. Alternatively, you can sell the patent outright to another by means of a patent assignment.

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