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Limitations on Transfer of Government Granted Property Rights (Patents)
Posted by . updated on 5/20/2004
Does case law, dictum, or public policy argue for restrictions on the transfer of patent rights (or other government created property rights) in the situation where the original grantee is no longer using the right in the way or for the purposed intended by the Government? Does the public interest behind the creation of such rights act to place limits on how patents can be sold or transferred when the inventor or original assignee is no longer using them? I am interested in the specific area of patents, but also want to know if there are other government created rights that are limited in how they may be transferred. Or, is the transfer left to the free market forces (and if so, are there situations where such free market forces subvert the public ploicies behinbd the original grant?).
Answers (1)
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Y Rubin...
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No. There are no illigitimate uses for patents. It is perfectly acceptable to use a patent just to stop someone from using a technology even though you are not using the technology yourself. In exchange for the 20 year control of the technology you give all rights to the public at the end of the 20 years. The only time anyone has tried to make a public policy argument was when one of the drug companies tried to use tricks to refile drug patents under alternative uses in order to exceed 20 years of patent life. The public policy argument was one of the secondary arguments.
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