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Nature of Patent Right
A patent grants its owner a legal right to exclude others for a specified term of years from making, selling or using the invention to which the patent relates. Typically the term is 20 years from the filing date. Note that as a provisional patent application cannot as such mature as a patent, the filing of a complete application is necessary in order to start the patent term running. Filing a provisional or interim application in Canada or the U.S. can sometimes extend the effective patent term by up to one year. Consult us for details.
IMPORTANT: Note that ownership of a patent does not necessarily entitle the patent owner to make, sell or use the patented invention. This is because in doing so, the patentee may infringe someone else's patent. A patent gives its owner only the right to stop others from infringing the patent, and the right to sue others for damages or profits if such others infringe the patent by making, selling, importing or using the patented invention.
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