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Simple English definitions for legal terms

patent-exhaustion doctrine

Read a random definition: entry ad terminum qui praeteriit

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.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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