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

Posted: 21 Jan 2011  

Shubha Ghosh

Syracuse University College of Law

Lucas Divine

affiliation not provided to SSRN

Date Written: January 18, 2011

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

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: https://ssrn.com/abstract=1742992

Shubha Ghosh (Contact Author)

Syracuse University College of Law ( email )

900 S. Crouse Avenue
Syracuse, NY 13244-2130
United States

Lucas Divine

affiliation not provided to SSRN ( email )

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