What rights does a patent owner have?
In South Carolina, a patent owner has the exclusive right to make, use, offer for sale, or sell the invention described in their patent in the United States or to import the invention into the United States. This means that no other person or business is allowed to make, use, offer for sale, or sell or import the invention without the patent owner’s permission. The patent owner also has the right to prevent others from making, using, selling, offering for sale, or importing the patented invention. This right of exclusion lasts for a period of time, usually 20 years from the date the patent application was filed, except in special cases. However, the patent owner does not have full control over their invention. They cannot make any changes to an invention that would be viewed as substantial, such as changing the parts or components used in the invention. Furthermore, patent owners cannot prevent someone from working on their invention if it is done for research or personal educational purposes. Finally, because a patent is a government grant of protection, patent owners cannot use their patent to prevent someone from doing something that would otherwise be legal. This means that patent owners cannot use their patent to stop someone from making or selling a product that does not infringe their patent.
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