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Articles

Strategies to strengthen your patent

February 27, 2009

Articles

Strategies to strengthen your patent

February 27, 2009

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Brian D. Coggio of Fish & Richardson explores a possible way to strengthen US patents with diagnostic assay claims against extraterritorial infringement

Brian D. Coggio of Fish & Richardson explores a possible way to strengthen US patents with diagnostic assay claims against extraterritorial infringement

Title 35, U.S.C., section 271 sets forth the statutory basis for patent infringement. Two provisions contained therein are particularly relevant to enforcing method or process1 patents. Each, however, differs in its extraterritorial reach. Section 271(a) prohibits use of a patented process within the United States, wheras section 271(g) prohibits, inter alia, importation of products made by a patented process. Although narrow, section 271(g) provides US patent owners with a mechanism to indirectly prevent infringing activity conducted abroad from affecting the domestic marketplace.

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