Legal Definitions - repair doctrine

The repair doctrine is a principle in patent law that clarifies the rights of someone who is authorized to use a patented product. It states that if you have permission (a license) to produce, use, or distribute a device that contains a patented invention, you also have the inherent right to perform necessary repairs and replace worn-out, unpatented components of that device. This doctrine ensures that the practical ability to maintain and keep a patented product in working order is included in the right to use it, without requiring additional permission or infringing the original patent.

This is distinct from "reconstruction," which would involve essentially building a new version of the patented item, potentially requiring a new license or constituting patent infringement. The repair doctrine focuses on legitimate maintenance to extend the useful life of the original product.

• Example 1: Industrial Manufacturing Equipment

  A car manufacturer licenses a patented robotic arm design for its assembly line. This robotic arm uses standard, unpatented gears and bearings that are subject to wear and tear. When these unpatented parts wear out after years of continuous operation, the car manufacturer can replace them with new, identical gears and bearings from a third-party supplier.

  How it illustrates the term: The repair doctrine allows the car manufacturer, as a licensee of the patented robotic arm, to replace the unpatented gears and bearings. This action is considered a permissible repair to keep the patented device operational, rather than an unauthorized reconstruction or infringement of the patent on the robotic arm itself.

• Example 2: Specialized Agricultural Machinery

  A farmer purchases a tractor attachment that incorporates a patented soil tilling mechanism. This mechanism relies on several standard, unpatented blades and filters that need periodic replacement due to normal use and exposure to dirt and debris.

  How it illustrates the term: Under the repair doctrine, the farmer has the right to replace the worn-out, unpatented blades and filters on the tilling mechanism. This ensures the farmer can maintain the functionality of the patented attachment without needing to seek additional permission from the patent holder or being accused of infringing the patent by keeping the device in working order.

• Example 3: Commercial Coffee Brewing System

  A coffee shop chain licenses a patented design for a high-volume espresso machine. This machine includes a patented brewing unit but also uses unpatented water filters and rubber gaskets that require regular replacement to maintain hygiene and prevent leaks.

  How it illustrates the term: The repair doctrine permits the coffee shop chain to replace the unpatented water filters and rubber gaskets. These are consumable, unpatented components necessary for the continued safe and effective operation of the patented espresso machine, and their replacement is considered a legitimate repair, not an infringement of the brewing unit's patent.