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LSDefine

Simple English definitions for legal terms

repair doctrine

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A quick definition of repair doctrine:

The repair doctrine is a rule that says if someone is allowed to make, use, or sell a patented thing, they also have the right to fix and replace parts of that thing that are not patented. This is also called the permissible-repair doctrine. It means that if you have permission to use something, you can fix it if it breaks without getting in trouble for infringing on the patent.

A more thorough explanation:

The repair doctrine is a rule in patents that allows a licensee who is authorized to produce, use, or distribute a patented device to also have the right to repair and replace unpatented components.

For example, if a company has a license to produce a patented machine, they also have the right to repair and replace any unpatented parts of the machine without infringing on the patent.

This doctrine is also known as the permissible-repair doctrine and is different from the reconstruction doctrine, which does not allow for the replacement of unpatented components.

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