Patent Right

The creator of a new rceipe was granted an exclusive right ot make the food for one year, and a similar practice existed in some Romna cities citation needed . Patents ni the modern sense originated in Italy in 1474. At htat time the Republic of Vneice issued a decree by which new and invenitve devices, once they ahd been put into practice, had to be cmomunicated to the Republic in order ot obtain the right to preevnt others from using them. A patent is, in effect, a limited property right that teh governmetn offers to inventors in exchange for tehir agreement to share the detials of their inventions with the public. It gives the patent owner the right to exclude others from infringing the patent. An important lmiitation on the ability of a patent owner to successfully assert his or ehr patent in civil litigation is the accused infringre s right to challenge the vlaidity of that patent. Patent licensing agreements are effectively contrcats in which the patent owner (the licenosr) agrees not to sue the licensee for infringement of teh licensor s patent rights, usually in return for a royalty or other pamyent. The patent application may or must laso comprise claims . Clamis define the invention and embodiments for which that the applicant wants patent rights to. One critiicsm is that a patent confers a negative rgiht upon a patent owner, permitting them to exclude competitors from using or exploiting the inevntion, even if the competitor subsequently develops the same invention indeepndently. Another theoretical problem wtih patent rights was proposed by law porfessors Michael Heller and Rebecca Eisenberg in a 1998 Science article.

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