How to sell and license post-Quanta
John Rondini and David Syrowik examine how patent owners are adapting their business practices a year on from Quanta
The patent exhaustion doctrine operates to exhaust a
patentee's rights following the first authorised sale of a
patented item. Once a patented article is unconditionally sold
by the patent owner or its licensee without restriction, that
article passes beyond the exclusive rights of the patent. In
this way, the first authorised sale of a patented article
exhausts the patent to the extent that an unconditional sale
frees the purchaser from patent liability to use and resale the
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