Seed Exhaustion: Quanta's Effect On Biotech Patents
In Quanta, the Supreme Court held that the exhaustion doctrine terminates “all patent rights” over an item which was sold without restriction and which “substantially embodies” a patent.
The patent is exhausted even if it is a method patent. Although Quanta dealt with computer chips, the court’s holding will likely affect all technologies.
The agricultural biotech industry has shown particular interest in Quanta,...
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