What rights are granted by patent protection?
A patent grants its owner the right to exclude others not having his consent from commercially exploiting the invention. This includes the right to prevent or stop others from making, using, selling, offering for sale or importing the patented invention without the owner’s prior permission. It is important to note that a patent does not grant the “freedom to use” the technology covered by the patent, but the right to exclude others from the use of the technology. While this may seem a subtle distinction, it is essential in understanding the patent system, its relationship to product regulatory regimes and how multiple patents can interact. In fact, there may be patents that build on previous patents or the commercialization of which require regulatory approvals or the use of other patented inventions. In some cases, a company may need to obtain a license over other people’s patents in order to commercialize its own patented invention. In the pharmaceutical industry, the right to exclud
