Saturday, June 02, 2012

A patent right does not create a monopoly

An 2012 article titled Please Stop Equating Patents to Monopolies!! begins with the text

Ever since I started practicing patent law, one of the things that has continuously driven me nuts is when I hear people calling a patent a “monopoly” on a particular area of technology.

There is a citation to a 2010 blog post Debunking the Myth that Patents Create a Monopoly.

Back in 2007, shortly after the U.S. Supreme Court referred to a patent right as a monopoly right in Festo, IPBiz had a post
Does a patent confer a monopoly?
. One commenter actually criticized the idea that a patent does NOT confer a monopoly. See
More on "does patent confer a monopoly"?

The issue is rather simple. A right to exclude others from doing something is NOT the same thing as an affirmative right to do something.


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