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Simple English definitions for legal terms
dominating patent
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A quick definition of dominating patent:
A dominating patent is a type of patent that gives the inventor the right to stop others from making, using, or selling their invention for a certain amount of time. It is a way for inventors to protect their ideas and make sure no one else copies them. Sometimes, inventors get a dominating patent for a small part of their invention that they don't plan to use, but they want to prevent others from using it to make improvements. This is called a fencing patent.A more thorough explanation:
Definition: A patent that is obtained for a specific aspect of an invention that the inventor does not intend to produce, but wants to prevent competitors from using in making improvements. The inventor makes a claim that only serves to protect other claims, thereby "fencing in" any competing improvements. Courts generally disfavor fencing claims.
Example: Company A invents a new type of car engine that is more fuel-efficient than any other engine on the market. Company A obtains a patent for the engine design, but also obtains a dominating patent for a specific aspect of the engine that they do not intend to produce. This dominating patent prevents competitors from making improvements to the engine design without obtaining a license from Company A.
Explanation: In this example, Company A obtains a dominating patent to prevent competitors from making improvements to their engine design. By obtaining this patent, Company A can maintain their competitive advantage in the market. However, courts generally disfavor fencing claims because they do not promote innovation and can stifle competition.