Exhaustion and Right of Repair for Design Patents

//Exhaustion and Right of Repair for Design Patents

Exhaustion and Right of Repair for Design Patents

Exhaustion and Right of Repair for Design Patents

RESOLVED, IPO supports the consistent application of exhaustion principles throughout patent law and across all industries. As such, exhaustion should not apply to the unauthorized sale by a third party of replacement parts or sub-parts of multi-component products.

FURTHER RESOLVED, IPO supports that the right of repair does not authorize infringement of other patent rights. A patent owner should be able to enforce a patent on a component regardless of the component’s relation to the whole item.