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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.
  
HELP: are there any examples of how this applies to [[software patents]]?
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In the [[USA]], patent exhaustion is defined in two [[US Supreme Court|Supreme Court]] cases:
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* [[Quanta v. LGE (2008, USA)]]
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* Boesch v. Graff (1890)<ref>http://openjurist.org/133/us/697/boesch-v-graff</ref>
  
 
==External links==
 
==External links==
  
* [http://www.eff.org/files/quanta.pdf Quanta v. LGE], a 2008 decision by the [[US Supreme Court]] defining patent exhaustion
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* [http://news.swpat.org/2010/05/mpeglas-patents-exhausted/ MPEG-LA’s patents exhausted by camera sale?] (incomplete), 4 May 2010, '''ESP News'''
** [http://news.swpat.org/2010/05/mpeglas-patents-exhausted/ MPEG-LA’s patents exhausted by camera sale?] (incomplete)
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* [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'''
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==References==
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{{reflist}}
  
  

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:

External links

References