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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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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