Intellectual Property

Significant Change in Patent Exhaustion From the Supreme Court

, The Legal Intelligencer


When was the last time you sold your used car and worried about infringing the patent rights of the manufacturer? My guess is you would say "never." It's not as if people are selling their pre-owned cars on eBay or Craigslist (for example) and being sued for patent infringement by the likes of GM, Ford or Toyota. But think about it—the modern automobile includes tons of technology that is covered by literally thousands of patents. And U.S. patent law permits a patent owner to "exclude others from making, using, offering for sale, or selling its invention throughout the United States ...," (35 U.S.C. Section 154(a)).

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