What kind of rights do patentees have?
• Patentees have three distinct and independent rights, the right to make, to use, and to sell. Dailmler Mfg. Co. v Conklin, N.Y. 1909, 170 F. 70 95 C.C.A. 346 [154, n 76] * • During term of years fixed by patent, no one may make, use, or sell patented product without patentee’s authority; grant of patent is grant of statutory monopoly. Sears, Roebuck and Co. v Stiffel Co. (1964) [154, n 5] ** • Patentee receives nothing from law which he did not have before and only effect of his patent is to restrain others from manufacturing, using, or selling that which he has invented; patent law simply protects him in monopoly of that which he has invented and has described in claims of his patent. Motion Picture Patents Co. v Universal Film Mfg. Co. (1917) [154, n 5] ** • Right to make, use, and sell invented article was not derived from patent law; right existed before and without passage of such law and was always right of inventor; patent law secured to inventor exclusive right to make, use,
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