Avoiding Or Living With Patent Exhaustion

Law360, New York (May 20, 2009, 12:00 AM EDT) -- This guest column addresses ideas on how to avoid or live with patent exhaustion, especially for the biotechnology sector.

Patent exhaustion (also known as the "first-sale doctrine") precludes a patent owner from collecting multiple times on its patent rights. After an authorized and unrestricted sale of a patented product, a patent owner's patent rights have been exhausted. Thus, after the first sale, the patent owner can generally no longer control the use or sale of the patented product. In the simplest case, the rule of patent...
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