Legal Definitions - right to exclude

Definition: The right to exclude refers to a patent holder's legal right to prevent others from making, using, selling, or offering for sale their invention.

Example: Let's say that John invents a new type of phone case that has a built-in charger. John applies for and receives a patent for his invention. With his patent, John has the right to exclude others from making, using, selling, or offering for sale his phone case with a built-in charger. This means that if someone else tries to make or sell a phone case with the same features as John's, he can take legal action to stop them.

Another example: Sarah invents a new type of solar panel that is more efficient than any other solar panel on the market. She applies for and receives a patent for her invention. With her patent, Sarah has the right to exclude others from making, using, selling, or offering for sale her solar panel. This means that if someone else tries to make or sell a solar panel with the same features as Sarah's, she can take legal action to stop them.

The examples illustrate how the right to exclude works in practice. Patents give inventors the exclusive right to their inventions, which means that they can control who can use or sell their invention. This helps to protect inventors' intellectual property and encourages innovation by giving inventors the opportunity to profit from their ideas.