4 ms·
As opined here the justification for the exhaustion of the patent after sale is that the patent holder has in the sale been granted the price desired, fair comp
by wordsarewind 9y ago
As opined here the justification for the exhaustion of the patent after sale is that the patent holder has in the sale been granted the price desired, fair compensation, for the patented item, and thus cannot demand further use of the patent with respect to the item. However, this desired price can only be set by the patent holder in the monopoly granted through the patent in the US. Therefore, this price cannot be set outside of the US where the patent holder has no patent monopoly, and thus competition. Consequently, the patent holder will not receive the desired price and remain uncompensated by the patent, and thus may still require further use of it.
Surely the Supreme Court shouldn't disqualify the patent holder's right to fair compensation for the invention in sales outside of the US?