Methods of External Technology Transfer-4

A patent does not give the inventor the right to practice his or her invention, only the right to exclude others from doing so. The inventor is given exclusive use of the invention and the right to assign that use. However, a grant of a patent has been found not to be useful for excluding imitators and/or capturing royalty income in most industries.

A grant of a patent is often likely to offer little benefit to its holder. Patents gives the patentee the right to exclude others from its use, but does not give the patentee the right to use the patent if such use infringes on patents of others. The United States patent system places the burden on the patentee to detect any infringers to sue for redress. A patent covers a particular means of achieving a given end, but not the end itself, even if the end and, perhaps the market it identifies, are novel. 

Trade Secrets and Know-how 

Trade Secrets and Know-how are others forms of intellectual property which can be used for technology transfer. A trade secret is any commercial formula, device, pattern, process, or information that affords an enterprise an advantage over others who do not know it. The information is not generally known and has value. Trade secrets must be maintained by avoiding public disclosure.


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