What is a Blocking Patent and Its Impact on Innovation?
Definition & Meaning
A blocking patent is a situation where two patents exist, and neither can be used effectively without infringing on the other. For example, if one inventor improves upon another's invention, both inventors may find that they cannot practice their respective patents without violating the other's rights. This often leads to cross-licensing agreements, where both parties agree to allow each other to use their patents under certain conditions.
Legal Use & context
Blocking patents are relevant in various areas of intellectual property law, particularly patent law. They often arise in fields such as technology, pharmaceuticals, and engineering, where innovations frequently build upon existing inventions. Users may encounter blocking patents when seeking to develop new products or technologies that overlap with existing patents. Legal templates from US Legal Forms can assist users in navigating cross-licensing agreements or patent disputes.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company develops a new software feature that relies on a patented algorithm. If the algorithm is patented by another company, the first company cannot use the feature without infringing the patent.
Example 2: (hypothetical example) Two inventors, Alice and Bob, each hold patents for different components of a new medical device. Alice's patent covers the device's core technology, while Bob's patent covers a crucial improvement. Neither can market their inventions without infringing on the other's patent.