Scholarlink

The case illustrates that the patentee’s possibilities to avoid exhaustion by tailoring the patent claims are limited. It is generally up to the patentee to define the product for which he claims protection. As long as the patent covers products which are available on the market, the patentee’s decision may be relevant for the question of exhaustion.

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Cases

  • 章节

  • 出版模式：

    开放获取

  • 发表日期：

    2025年

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  • Klaus Bacher,
  • Ann Bartow,
  • Lanqing Ge,
  • Pengfei Huang,
  • Lu Jin

摘要

The case illustrates that the patentee’s possibilities to avoid exhaustion by tailoring the patent claims are limited. It is generally up to the patentee to define the product for which he claims protection. As long as the patent covers products which are available on the market, the patentee’s decision may be relevant for the question of exhaustion.