Tiêu đề Patent Licensing - PATENT EXHAUSTION 29.04.2025.pptx ✅

PATENT EXHAUSTION ASHUTOSH KUMAR SENIOR PARTNER SINGH & SINGH LAW FIRM LLP

When a patent holder sells or authorizes the sale of a patented item, “that product ‘is no longer within the limits of the monopoly’ [created by the patent] and instead becomes the ‘private, individual property’ of the purchaser.” [Bloomer v. McQuewan, 55 U.S. 539, 549-50 (1853)]
Rationale: IP owner or the patent owner ought to be allowed exploitation of the IP right only once and not on multiple occasions. IP owners ought not to take advantage of geographical boundaries and control the free movement of goods or services across countries.