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


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