It states that once a patented product is sold, the patent holder's rights to that specific item are "exhausted." This means that the buyer is free to use, resell, or otherwise dispose of the product without infringing the patent, as long as they do not attempt to create new copies of the patented invention. 4.1. Legal Precedents Landmark Case Impression Products, In solomon islands b2b leads the U.S. Supreme Court reinforced the exhaustion doctrine. The Court held that once a patentee sells a product, they cannot enforce patent rights to impose restrictions on how the purchaser uses or resells it.
This ruling clarified that even restrictions set at the time of sale, such as prohibiting resale or reuse, do not violate the exhaustion principle. 4.2. Implications for Secondary Markets Right to Resell: Buyers can freely resell patented goods without worrying about patent infringement. This protection encourages strong secondary markets for products such as electronics, machinery, and other patented goods. Limitations: The doctrine does not allow buyers to reproduce or manufacture new versions of the patented item. For example, while it is legal to resell a patented printer cartridge, new cartridges that use the patented design would still infringe the patent.
Lexmark International, Inc. In this case
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