It is important to note that a patent does not grant
the patent owner any right to make their own invention. Rather, the
patent gives the patent owner the right to exclude others from
making, using, selling, or importing the invention. The patent
holder's right to make their own invention is dependent upon the
rights of others and whatever general laws might be applicable.
Another party may own a patent that will prevent the patentee from
utilizing her/his own invention. In addition, government laws, such
as antitrust laws or FDA regulations, may restrict the ways in
which a patent holder can utilize her/his invention.
Since the essence of the right granted by a patent is the right
to exclude others from commercial exploitation of the invention,
the patent holder is the only one who may make, use, or sell the
invention. Others may do so only with the authorization of the
patent holder. Such authorization is usually given through a patent