The right to exclude others from making, selling, offering to sell, using, or importing, however, becomes an actionable remedy only when a patent issues. Upon issuance of U.S. Letters Patent, the United States has legislated (35 U.S.C. §281 et. seq.) the patent property rights for the patent owner to enforce such remedies exists, and at no time before.
Generally, a patent may be obtained for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to an important implicit exception: laws of nature, natural phenomena, and abstract ideas are not patentable, as they are the basic tools of scientific and technological work. Although a law of nature or an abstract idea by itself is not patentable, the practical application of these concepts may be deserving of patent protection.
To hold that any prior suit involving the same patent can override a compelling showing of transfer would be inconsistent with the policies underlying venue transfer statutes where the proper administration of justice may be to transfer to the far more convenient venue even when the trial court has some familiarity with a matter from prior litigation.
The United States Supreme Court recently emphasized that district courts have both the authority and responsibility to discourage frivolous cases, pointing out that some companies may use patents as a sword to go after defendants for money, even when the company’s claims are frivolous.