1. Summary on Patents
Josiah Hernandez

2. What is a Patent
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
Does not give the right to make, use, offer for sale, sell or import the subject matter covered by the claims.

3. What is a Patent Cont It is a grant from the U.S. federal government:
to the INVENTOR
to EXCLUDE others
from making, using, offering for sale, selling or importing the invention
into the UNITED STATES

4. What is a Patent Cont
Patent does NOT give inventor the right to make, use or sell invention
Only the right to exclude others
So, if making invention infringes on someone else patent or other rights, patent doesn't give inventor the right to avoid the rights of others

5. What is a Patent Cont
But no protection until applied for and received from government
No rights unless make an application and get it successfully issued
Until patent issued, others can exploit without infringing
They can make, use or sell invention during interim period
In some areas, by time patent issues, invention may be obsolete

6. Concept of Right to Exclude
Patent Holder #2
Patent Holder #1
Holds a patent having claims to a yellow marker with a pen on the opposing end
Holds a patent having claims to a yellow marker
Patent Holder #1 has the right to exclude anyone from making, using, selling or importing a product having the basic element of a yellow marker.
Patent Holder #1 has the right to right to exclude others from making, using, offering for sale, selling or importing the marker having a pen on the opposing end.
In order for Patent Holder #2 to make his invention, he must obtain permission from Patent Holder #1 to make his invention which comprises the basic element of a yellow marker.
Please note that Patent Holder #2 does not have the right to make his invention.