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Patent Misuse

 
 

Patent misuse in the United States, is an affirmative defense used in patent litigation after the defendant has been found infringed a patent. This umbrella term usually describes:

  • violation of antitrust laws
  • improper expansion of the scope or term of the patent

In the United States, patent is a statutory right that grants the patentee the right to exclude others from making, using, or selling a patented invention.


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