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首页> 外文期刊>Intellectual property & technology law journal >The Power of Process Patents at the International Trade Commission
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The Power of Process Patents at the International Trade Commission

机译:The Power of Process Patents at the International Trade Commission

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摘要

Despite these clear advantages, there have been only five complaints filed in the last decade that even mention Section 337(a)(1)(B)(ⅱ)'s protections for process patents and only three of those actually discuss process patents substantively.The relatively rare use of the ITC for enforcing process patents abroad is proof that process patent owners need to be more aware of this powerful tool in their arsenal against foreign infringers. Any company holding process patents should be aware of the power and advantages of Section 337(a)(1)(B)(ⅱ). Actions under this section may be, and likely are, the best option for preventing competitors' infringing actions abroad. Foreign manufacturers, likewise, need to be aware of the ITC's enforcement authority because it means manufacturing done entirely abroad may not be immune from patent infringement actions in the United States, even if the imported product is substantially changed or the patented process becomes an insubstantial part of the imported product.

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