KWD: 11/408= 2.69%
Acquiescence and Patent and Inventor
Acquiescence and patent and inventor pertain to the permission given to use the patent of an inventor. Acquiescence and patent and inventor is also evident in cases of co-inventorship. If you are co-inventor you enjoy the rights that come with patents: making, selling, offering to sell, or selling the patented invention of the patents. U.S. patent laws allow for co-inventorship. Section 16 of the Patent Act provides that "when an invention is made by two or more persons jointly, they shall apply for patent jointly. Since "conception is the touchstone of inventorship," each joint inventor agreed on acquiescence and patent and inventor and must generally contribute to the conception of the invention.
Acquiescence and Patent and Inventor may result in co-inventorship patent and inventors may apply jointly even though the following circumstances did occur:
- they did not physically work together or at the same time,
- each did not make the same type or amount of contribution
- each did not make a contribution to the subject matter of every claim of the patent. A contribution to even just one claim has been deemed to be enough to qualify as a co-inventor.
Additionally, where inventors choose to cooperate in the inventive process, their joint inventions may become joint property without some express agreement to the contrary. Thus, as part of acquiescence and patent and inventor - one co-inventor must effectively share ownership of all claims in the patent, even those invented solely by one of the co-inventors of the patent. This gives one co-inventor the power to license rights in the entire patent. This power does not require permission or acquiescence and patent and inventor in co-inventorship.
Section 262 of the Patent Act explicitly states that: In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent or without acquiescence and patent and inventor.
Patent infringement is a result of lack of acquiescence and patent and inventor. If these three elements are not present: acquiescence and patent and inventor, patent infringement could arise. Of course there can be no patent infringement if the patent is valid. Acquiescence and patent and inventor are clearly required ingredients in order to be able to use another’s patent and used it for profit.
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