Is the Term "Patent Protection" a Misnomer?

Please note: This article was originally published on the website of D'Hue Law LLC on January 30, 2016. You can view the original post here. 

By Cedric D'Hue, D'Hue Law LLC

Attorneys are conditioned to always respond, “it depends” or “maybe”.  “Maybe” is appropriate here.  The answer really depends on what is meant by the term “patent protection”.  Does “patent protection” mean that a patent owner is protected against a competitor making, using, selling or importing a knock off product that is a clear infringement of the patent owner’s patent?  Then no the term “patent protection” is not a misnomer but an accurate representation of the role of patents.  Several dictionary definitions take this interpretation.  For example Cambridge Dictionaries Online states the term “patent protection” means “laws that protect a person or a company that has created a new product or way of doing something, by stopping anyone else from copying or using it for a particular period of time.” Emphasis added.

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This post was written by Cedric D'Hue of D'Hue Law LLC. If you would like to submit content or write an article for the Intellectual Property Section page, please email Rachel Beachy at rbeachy@indybar.org.