About: Exhaustion doctrine under U.S. law

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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 a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so.

Attributes	Values
rdfs:label	Exhaustion doctrine under U.S. law (en)
rdfs: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 a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so. (en)
dcterms:subject	Intellectual property law of the European Union Legal doctrines and principles United States patent law
Wikipage page ID	2614324 (xsd:integer)
Wikipage revision ID	1071492163 (xsd:integer)
Link from a Wikipage to another Wikipage	Quanta Computer, Inc. v. LG Electronics, Inc. Method (patent) United States v. Univis Lens Co. Institutes of the Lawes of England General Talking Pictures Corp. v. Western Electric Co. Intellectual property law of the European Union Common law Patent Adams v. Burke Legal doctrines and principles United States patent law Affirmative defense LG Electronics Field-of-use limitation Intel Kirtsaeng v. John Wiley & Sons, Inc. Set-top box Fact pattern Exhaustion of intellectual property rights First-sale doctrine Mallinckrodt, Inc. v. Medipart, Inc. Post-sale restraint Federal Circuit
Link from a Wikipage to an external page	http://www.717madisonplace.com/wp-content/uploads/2015/10/2014-1617_1022015.mp3 http://docs.law.gwu.edu/facweb/claw/EIPR'Quanta.pdf http://scotuswiki.com/index.php%3Ftitle=Quanta_v._LG https://web.archive.org/web/20050911133427/http:/www.corante.com/copyfight/archives/2005/09/02/the_latest_ip_crime_boxwrap_patent_infringement.php
sameAs	Exhaustion doctrine under U.S. law Exhaustion doctrine under U.S. law Exhaustion doctrine under U.S. law Exhaustion doctrine under U.S. law
dbp:wikiPageUsesTemplate	dbt:About dbt:Citation_needed dbt:Reflist dbt:United_States_patent_law
has 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 a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so. Procedurally, the patent exhaustion doctrine operates as an affirmative defense, shielding authorized purchasers from infringement claims concerning the sale or use (including repair and modification) of a patented product after the patent owner authorized its sale. Because only an "authorized" sale triggers the doctrine, it may be difficult or at least controversial to determine whether the exhaustion doctrine applies in a particular case: for example, when the patentee purports to restrict or condition the use or resale of the patented article once purchased and in the hands of an end user (post-sale restrictions); or when the patentee licenses another to manufacture and use or sell the patented product only in a particular field. The 2008 Supreme Court decision in Quanta Computer, Inc. v. LG Electronics, Inc., arguably leaves unclear the extent to which patentees can avoid the exhaustion doctrine by means of so-called limited licenses (licenses limited to a specified field of use). 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. (en)
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prov:wasDerivedFrom	wikipedia-en:Exhaustion_doctrine_under_U.S._law?oldid=1071492163&ns=0
page length (characters) of wiki page	53405 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Exhaustion_doctrine_under_U.S._law
is Link from a Wikipage to another Wikipage of	Quanta Computer, Inc. v. LG Electronics, Inc. List of United States Supreme Court patent case law List of United States patent law cases Patent infringement under United States law 2012 term United States Supreme Court opinions of Elena Kagan Bowman v. Monsanto Co. List of United States Supreme Court cases by the Roberts Court List of United States Supreme Court cases by the Stone Court United States antitrust law United States v. General Electric Co. United States v. Univis Lens Co. United States patent law General Talking Pictures Corp. v. Western Electric Co. Motion Picture Patents Co. v. Universal Film Manufacturing Co. Lexmark International, Inc. v. Static Control Components, Inc. Fujifilm Corp. v. Benun Third-party standing Doctrine of non-derogation from grants Adams v. Burke Field-of-use limitation Exhaust Impression Prods., Inc. v. Lexmark Int'l, Inc. Exhausted combination doctrine Exhaustion of intellectual property rights First-sale doctrine Mallinckrodt, Inc. v. Medipart, Inc. Post-sale restraint Outline of intellectual property Helferich Patent Licensing, LLC v. New York Times Co. Exhaustion doctrine under United States law
is Wikipage redirect of	Helferich Patent Licensing, LLC v. New York Times Co. Exhaustion doctrine under United States law
is Wikipage disambiguates of	Exhaust
is foaf:primaryTopic of	wikipedia-en:Exhaustion_doctrine_under_U.S._law

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