Abstract

http://ssrn.com/abstract=1742992
 
 

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The Sale of Patented Methods: Reconciling On-Sale Bar & Patent Exhaustion Doctrines in Light of In re Kollar & Quanta v. LG


Shubha Ghosh


University of Wisconsin Law School

Lucas Divine


affiliation not provided to SSRN

January 18, 2011

Univ. of Wisconsin Legal Studies Research Paper No. 1150

Abstract:     
In Quanta v. LG Electronics, the Supreme Court held that the first sale doctrine applied to exhaust rights in a process patent. This ruling clarified lower court decisions finding that process patents were not subject to the first sale doctrine. The Supreme Court's ruling raises questions about the treatment of processes for the on sale bar. Lower court decisions hold that the on sale bar does not apply to process patents. This article examines this apparent inconsistency and offers suggestions for reconciling the sale of processes under the first sale doctrine and the on sale bar.

Keywords: Intellectual Property, Patent Law and Policy

JEL Classification: K2

working papers series


Not Available For Download

Date posted: January 21, 2011  

Suggested Citation

Ghosh, Shubha and Divine, Lucas, The Sale of Patented Methods: Reconciling On-Sale Bar & Patent Exhaustion Doctrines in Light of In re Kollar & Quanta v. LG (January 18, 2011). Univ. of Wisconsin Legal Studies Research Paper No. 1150. Available at SSRN: http://ssrn.com/abstract=1742992

Contact Information

Shubha Ghosh (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
Lucas Divine
affiliation not provided to SSRN ( email )
Feedback to SSRN


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