Warning

Info

LSDefine

Simple English definitions for legal terms

patent-exhaustion doctrine

Read a random definition: current wages

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

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Quillinit
11:57
ah you filed retro W's from classes in UG?
Quillinit
11:58
ah okay, sorry homie that's rough
it's fine i got into one of my top choices so im really happy
Quillinit
11:58
<3 happy for you
getting into cornell is hugeee
ayyyyy
Quillinit
11:59
^^^^^ would love to get into Cornell lmao
Quillinit
11:59
or anywhere!
you got it, believeeee
12:06
@letsseehowitgoesnow: you okay?
12:08
@ KnowledgeableRitzyWasp did u withdraw frm all your classes for two years or just a few? i have 2 W's
12:23
listening to the front bottoms at the gym again ist es over fur mich?
My wife and I saw TFB with manchester orchestra the night before thanksgiving a few years back and it was pretty damn choice
shaquilleoatmeal
12:27
yoo lets dawg what happened, you good?
12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
LSD+ is ad-free, with DMs, discounts, case briefs & more.