Patent monopoly. Part 2: exceptions to the rule
Despite the stringent prohibition against using an invention without the permission of a patentee, the Law establishes several exceptions due to the public or individual interests. Such exceptions aim at keeping a reasonable balance of the interests of a patentee, society, and an individual. These exceptions do not harm the patentee’s interests and, in some cases, imply compensation. A number of exceptions are established related to the specifics of the patent legislation, such as the right of prior use, the right of posterior use. The Law also restricts a patentee’s possible patent misuse, in particular, by a compulsory license for a person who wants to use the invention even though the patentee does not use the invention and denies the request. Besides, by licensing a patentee of the dependent invention to use the invention about which the invention is dependent
Keywords: invention, patent, exclusive right, right of prior use, right of posterior use, compulsory license
References
1. Yu. I. Buch. Patent monopoly. Part 1: Exclusive right//Innovations. 2020. № 8. P. 96-103.
2. The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
3. Yu. I. Buch. Right of prior use against patent racket//Patent Attorney. 2006. № 5. P. 17-22.
4. L. F. Travushkina, V. A. Kuznetsov. Compulsory license and other problems of the pharmaceutical market//Patent Attorney. 2019. № 6. P. 7-16.
