Copyright (c) 2012 Chicago-Kent College of Law All rights reserved. http://works.bepress.com/kentlaw Recent documents in Selected Works @ Chicago-Kent College of Law en-us Wed, 15 Feb 2012 03:39:29 PST 3600 http://works.bepress.com/eric_rogers/3 http://works.bepress.com/eric_rogers/3 Sun, 05 Feb 2012 14:21:43 PST The seed industry uses the combination of patent law and contract law to control and limit the use of patented seeds placed into the stream of commerce. This practice implicates both patent exhaustion and patent misuse. This creates a dilemma: how to protect patent owners with self-replicating products while maintaining the principle of patent exhaustion. In addition, this raises the larger question of whether contracting around patent exhaustion is patent misuse. In its post-Quanta decision, the Federal Circuit offered a solution to the dilemma in Bowman by creating a new technology-specific doctrine of patent exhaustion: the inexhaustible right to exclude reproduction. This new doctrine simply sets the confines of the patent grant to include reproduction of an organism as infringing upon the patentee’s right to make. This new doctrine preserves patent owners’ right to collect a fair reward within the scope of their patents and prevents the implication of patent misuse based on attempts to enforce restrictions on product replication. However, the inexhaustible right to exclude reproduction doctrine creates patent rights that move forever with self-replicating products based on how the product is used, which might inhibit trade and add transaction costs. As the number of sales of self-replicating products and patents related to such products increase, purchasers might feel increasingly compelled to search for patent rights before acquiring these types of products for the purpose of reproducing them.

]]> Eric J. Rogers Agriculture Law Antitrust Intellectual Property Law Law and Technology Property-Personal and Real Science and Technology http://works.bepress.com/henry_perritt/155 http://works.bepress.com/henry_perritt/155 Mon, 30 Jan 2012 08:04:45 PST Henry H. Perritt Jr. Internet Law http://works.bepress.com/richard_warner/72 http://works.bepress.com/richard_warner/72 Mon, 30 Jan 2012 08:02:13 PST Richard Warner Law and Technology http://works.bepress.com/dan_tarlock/172 http://works.bepress.com/dan_tarlock/172 Mon, 30 Jan 2012 07:50:48 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/171 http://works.bepress.com/dan_tarlock/171 Mon, 30 Jan 2012 07:49:10 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/170 http://works.bepress.com/dan_tarlock/170 Mon, 30 Jan 2012 07:47:36 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/169 http://works.bepress.com/dan_tarlock/169 Mon, 30 Jan 2012 07:46:00 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/168 http://works.bepress.com/dan_tarlock/168 Mon, 30 Jan 2012 07:40:33 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/167 http://works.bepress.com/dan_tarlock/167 Mon, 30 Jan 2012 07:37:56 PST Dan Tarlock Environmental Law http://works.bepress.com/dan_tarlock/166 http://works.bepress.com/dan_tarlock/166 Mon, 30 Jan 2012 07:36:21 PST Dan Tarlock Environmental Law