!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

patent-exhaustion doctrine

Read a random definition: cost-benefit analysis

A quick definition of patent-exhaustion doctrine:

The patent-exhaustion doctrine is a rule that says when someone buys a patented item, the patent owner can no longer control how it is used. However, the patent owner can still put limitations on the item through a contract or license, as long as it is not unfair. This is similar to the first-sale doctrine in copyright law, which says that when someone buys a physical copy of a copyrighted work, they can give or sell that copy to someone else without infringing on the copyright owner's rights.

A more thorough explanation:

The patent-exhaustion doctrine is a rule that states that the sale of a patented product without any conditions ends the patent owner's right to control its use. However, the patent owner can still impose limitations through a contract or license, as long as it does not lead to anticompetitive patent misuse.

Suppose a company holds a patent for a new type of smartphone. If the company sells the smartphone to a customer, the patent owner's right to control the use of the smartphone is exhausted. The customer can use, repair, and resell the smartphone without any interference from the patent owner. However, the patent owner can still impose limitations on the use of the smartphone through a contract or license.

The first-sale doctrine is a similar principle that applies to copyrighted works. It states that the purchaser of a physical copy of a copyrighted work, such as a book or CD, can give or sell that copy to someone else without infringing the copyright owner's exclusive distribution rights. The copyright owner's distribution right is said to be exhausted with regard to that physical copy.

Suppose a person buys a physical copy of a book from a bookstore. The person can lend, sell, or give away the book without infringing the copyright owner's exclusive distribution rights. However, the person cannot make copies of the book without the copyright owner's permission.

These examples illustrate how the patent-exhaustion doctrine and the first-sale doctrine limit the control that patent and copyright owners have over their products after they are sold. These doctrines allow customers to use, repair, and resell the products without interference from the owners, as long as they do not violate any contractual or licensing agreements.

patentee | patent grant

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.