What is the doctrine of patent exhaustion?

The doctrine of patent exhaustion is a legal concept related to Unfair Competition Law in New Hampshire. It is a rule that limits the rights of a patent holder after their invention has been sold or otherwise transferred to another party. According to this doctrine, once the patent holder has authorized the use of their invention by the transferee, the patent holder’s rights are exhausted and the new user is free to use or resell the invention without any interference or control from the patent holder. In other words, the patent holder’s rights are limited once they have authorized the use of the invention by another party. This doctrine is also known as the “first sale doctrine” because it limits the patent holder’s control to the first sale of the invention. For instance, if a patent holder creates and sells a new product, the buyer has the right to use that product in any way they wish and can even resell it without any permission from the patent holder. The doctrine of patent exhaustion protects businesses from competition by preventing patent holders from controlling the use and resale of their inventions after they have been sold or transferred. By limiting the power of the patent holder, the doctrine ensures that everyone involved can benefit from their invention without fear of infringing on the rights of the patent holder.

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