Avoiding Patent Immortality for Self-Replicating Technologies

Bright Ideas, Vol. 19, No. 2, Fall 2010

2 Pages Posted: 13 Oct 2010

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: July 14, 2010

Abstract

The Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc. reaffirmed the principle that the authorized sale of a patented item exhausts patent protection as to that particular item. However, it is unclear how the patent exhaustion/first sale doctrine should apply in the context of self-replicating technology, such as genetically modified or transgenic seed. Especially given the extreme results possible in cases such as Monsanto Co. v. Bowman, this article proposes that contract law rather than patent law should govern the patent holder’s rights in an object embodying self-replicating technology after an authorized sale.

Keywords: Self-Replicating Technology, First Sale Doctrine, Patent Exhaustion, Patents, Quanta Computer, Monsanto, Scruggs, Mcfarling, Bowman, Authorized Sale, Genetically-Modified Seed, Transgenic Seed, Second Generation Seed, Self-Replicating, First Sale, Genetically-Modified, Transgenic, Saved Seed

JEL Classification: K12, K29, K39, O30, O31, O32, O33, O34, O38, O39

Suggested Citation

Chin, Yee Wah, Avoiding Patent Immortality for Self-Replicating Technologies (July 14, 2010). Bright Ideas, Vol. 19, No. 2, Fall 2010, Available at SSRN: https://ssrn.com/abstract=1691832

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

HOME PAGE: http://www.ywc-antitrust.com

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