mamooth
Diamond Member
The Supreme Court laid a smackdown on overly broad patents, striking down Lexmark's claim that they were allowed to prohibit refilling their inkjet cartridges.
Opinion analysis: Federal Circuit loses again, as justices categorically reject enforcement of post-sale patent restrictions - SCOTUSblog
The pertinent part:
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When a patentee sells one of its products, however, the patentee can no longer control that item through the patent laws — its patent rights are said to “exhaust.” The purchaser and all subsequent owners are free to use or resell the product just like any other item of personal property, without fear of an infringement lawsuit.
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That is, a patent only allows the patent holder to control the first sale of the product. Once it's sold, the buyer can do whatever the buyer wants with it.
As a patent is not the same as copyright, this has a limited effect on things like Apple's iron-fisted control of its software environment. It will have more of an effect on things like John Deere's dickish policy of only allowing John Deere shops to repair John Deere tractors, which is why I will never buy another John Deere product.
Why American Farmers Are Hacking Their Tractors With Ukrainian Firmware
Opinion analysis: Federal Circuit loses again, as justices categorically reject enforcement of post-sale patent restrictions - SCOTUSblog
The pertinent part:
---
When a patentee sells one of its products, however, the patentee can no longer control that item through the patent laws — its patent rights are said to “exhaust.” The purchaser and all subsequent owners are free to use or resell the product just like any other item of personal property, without fear of an infringement lawsuit.
---
That is, a patent only allows the patent holder to control the first sale of the product. Once it's sold, the buyer can do whatever the buyer wants with it.
As a patent is not the same as copyright, this has a limited effect on things like Apple's iron-fisted control of its software environment. It will have more of an effect on things like John Deere's dickish policy of only allowing John Deere shops to repair John Deere tractors, which is why I will never buy another John Deere product.
Why American Farmers Are Hacking Their Tractors With Ukrainian Firmware