Patents

• Prevent others from performing certain acts

  • Make, Use, Sell or Import

• Fixed term

  • 20 years from filing or 17 years from issue

• Independent creation is not a defense

• Civil liability

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A patent prevents others from making using selling importing advertising for sale or causing others to make use sell import or advertise for sale the invention. IT DOES NOT NECESSARILY PROVIDE THE RIGHT TO make use sell, etc. the invention. We say that intellectual property provides only the right to exclude.

Patents live for a fixed amount of time, either 20 years from filing or 17 years from issue of the patent

Independent creation is not a defense. Two people invent the same thing, the one who conceived of it first wins, provided she was diligent in completing it.

Rights are enforced in court. You sue! You may ask for an ôinjunctionö make him stop, or damages ôpay meö! Or both