Inexhaustible: Patents on Self-Replicating Technologies

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The authorized sale of a patented item exhausts the patent as to that item. However, how does the patent-exhaustion/first-sale doctrine apply in the context of self-replicating technology such as genetically modified or transgenic seed? Does the patent holder continue to have rights in the second generation item replicated from the patented object? Should it?

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Published In: Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Yee Wah Chin
Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Yee Wah Chin specializes in antitrust counseling and litigation. She has defended clients before... View Profile »


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