domination

domination. Patents. The effect that an earlier patent (usu. a basic one) has on a later patent (esp. one for improvements on the patented device) because the earlier patent’s claims are so broad or generic that the later patent’s invention will always read on the earlier patent’s claims, resulting in infringement. • Because the patent system is based on exclusion of others from an invention’s subject matter, the earlier, basic patent’s claims “dominate” the later-invented improvement. If the improvement is patented and worked, it infringes the basic patent. But the basic patent’s owner cannot practice the improvement without infringing on the improvement’s patent. This standoff effect encourages improvement- and basic-patentees to seek licenses or cross-licenses with each other. See blocking patent under PATENT(3).
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双语律师Terence,国际知名法学院法律专业,擅长翻译各类与油气、资源与采矿业相关的法律文件。
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