Abstract

Patents give their owners the right to prevent others from making, using, and selling the patented invention. Patent rights prohibit others from manufacturing the invention in the United States and shipping it outside the country for sale and use. However, this general rule doesn’t always fully answer the question of what, exactly, violates this rule. Most inventions are combinations of components or elements. What happens when some of those components are made in the United States and shipped internationally, where they are combined with the other elements in the invention? A case raising this question recently came before the U.S. Supreme Court. The case involved genetic testing kits that each contained five components, one of which was an enzyme known as Taq polymerase. Examines the issues involved with this patent development and analyzes the legal implications on an international scale.

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