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- Exhaustion_doctrine abstract "The exhaustion doctrine, also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after an authorized sale. Under the doctrine, once an unrestricted, authorized sale of a patented article occurs, the patent holder’s exclusive rights to control the use and sale of that article are exhausted, and the purchaser is free to use or resell that article without further restraint from patent law. However, under current law, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew, unless it is specifically authorized by the patentee.Procedurally, the patent exhaustion doctrine operates as an affirmative defense, shielding authorized purchasers from infringement claims concerning the use or sale of a patented good after the patent owner authorized its sale.Because the doctrine is only triggered by a sale authorized by the patentee, it is often difficult to figure out if the exhaustion doctrine applies in a particular case, for example, when the patentee restricts or conditions the sale itself, or restricts the use or sale of the patented article once purchased and in the hands of an end user (post-sale restrictions). The 2008 Supreme Court decision in Quanta Computer, Inc. v. LG Electronics, Inc., leaves unclear the extent to which patentees can avoid the exhaustion doctrine through limited licenses. Since its development by the courts in the late 19th century, the patent exhaustion doctrine has raised questions regarding the scope of exclusive rights granted by patents and the extent to which a patent owner may extend those rights to control downstream use and sales of patented articles.".
- Exhaustion_doctrine wikiPageExternalLink index.php?title=Quanta_v._LG.
- Exhaustion_doctrine wikiPageExternalLink the_latest_ip_crime_boxwrap_patent_infringement.php.
- Exhaustion_doctrine wikiPageID "2614324".
- Exhaustion_doctrine wikiPageRevisionID "582932752".
- Exhaustion_doctrine hasPhotoCollection Exhaustion_doctrine.
- Exhaustion_doctrine subject Category:Intellectual_property_law_of_the_European_Union.
- Exhaustion_doctrine subject Category:Legal_doctrines_and_principles.
- Exhaustion_doctrine subject Category:United_States_patent_law.
- Exhaustion_doctrine type Abstraction100002137.
- Exhaustion_doctrine type Belief105941423.
- Exhaustion_doctrine type Cognition100023271.
- Exhaustion_doctrine type Content105809192.
- Exhaustion_doctrine type Doctrine105943300.
- Exhaustion_doctrine type LegalDoctrinesAndPrinciples.
- Exhaustion_doctrine type PsychologicalFeature100023100.
- Exhaustion_doctrine comment "The exhaustion doctrine, also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after an authorized sale.".
- Exhaustion_doctrine label "Erschöpfungsgrundsatz".
- Exhaustion_doctrine label "Exhaustion doctrine".
- Exhaustion_doctrine label "消尽".
- Exhaustion_doctrine sameAs Erschöpfungsgrundsatz.
- Exhaustion_doctrine sameAs 消尽.
- Exhaustion_doctrine sameAs m.07rvhq.
- Exhaustion_doctrine sameAs Q683070.
- Exhaustion_doctrine sameAs Q683070.
- Exhaustion_doctrine sameAs Exhaustion_doctrine.
- Exhaustion_doctrine wasDerivedFrom Exhaustion_doctrine?oldid=582932752.
- Exhaustion_doctrine isPrimaryTopicOf Exhaustion_doctrine.