Overview

The US Supreme Court has ruled on when a patent protection ends on sale. This article ex­amines patent ex­haustion, when a patent’s monopoly protection ends due to a sale, in light of the recent US Supreme Court’s landmark ruling in Quanta v LGE. The fruits of a valuable patent monopoly are usually under siege. The patent’s existence may be attacked by attempts to undermine the validity by opposition and revocation actions. The patent’s extent may be challenged by non-infringement claims. Its spatial reach is limited to the national jurisdictions in which it is granted and the monopoly created is also limited in the time, from filing to the expiry of the patent’s terms, after which the fruits are free for all.

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