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Difference between revisions of "Patent exhaustion"
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'''Patent exhaustion''' limits the rights of patent holders to enforce their patents against downstream customers. It is closely related to the "first sale doctrine". Both concepts exist in the [[USA]], and similar probably exists in other countries. | '''Patent exhaustion''' limits the rights of patent holders to enforce their patents against downstream customers. It is closely related to the "first sale doctrine". Both concepts exist in the [[USA]], and similar probably exists in other countries. | ||
| − | + | In the [[USA]], patent exhaustion is defined in two [[US Supreme Court|Supreme Court]] cases: | |
| + | * [[Quanta v. LGE (2008, USA)]] | ||
| + | * Boesch v. Graff (1890)<ref>http://openjurist.org/133/us/697/boesch-v-graff</ref> | ||
| − | + | ==External links== | |
| + | |||
| + | * [http://news.swpat.org/2010/05/mpeglas-patents-exhausted/ MPEG-LA’s patents exhausted by camera sale?] (incomplete), 4 May 2010, '''ESP News''' | ||
| + | * [http://www.patentlyo.com/patent/2010/11/guest-post-copyrights-patents-and-international-exhaustion.html Copyrights, Patents, and International Exhaustion], 16 Nov 2010, '''Patently-O''' | ||
| + | |||
| + | ==References== | ||
| + | {{reflist}} | ||
| + | |||
| + | |||
| + | {{footer}} | ||
| + | [[Category:Pages with analysis of legal wordings]] | ||
| + | [[Category:Understanding the patent system]] | ||
Latest revision as of 07:45, 24 November 2010
Patent exhaustion limits the rights of patent holders to enforce their patents against downstream customers. It is closely related to the "first sale doctrine". Both concepts exist in the USA, and similar probably exists in other countries.
In the USA, patent exhaustion is defined in two Supreme Court cases:
- Quanta v. LGE (2008, USA)
- Boesch v. Graff (1890)[1]
External links
- MPEG-LA’s patents exhausted by camera sale? (incomplete), 4 May 2010, ESP News
- Copyrights, Patents, and International Exhaustion, 16 Nov 2010, Patently-O
