Chapter 1 General Considerations

摘要

Prior to defining some of the major terms associated with patent and technology licenses, it is useful to consider the definition of intellectual property rights -particularly patent rights. By statute, patents have the attributes of personal property. However, many of the aspects of patent rights are closer to real than personal property. Thus they may be conveyanced in whole, or as an estate for years. An action for infringement is similar to an action of trespass, and there is a well established system of use by permission of the owner.2 The real property analogy may help to understand the concepts discussed below.