Clearing the fog of Aro: Establishing a New Standard for Permissible Repair

Clearing the fog of Aro: Establishing a New Standard for Permissible Repair

Journal article

1 online resource

According to 35 U.S.C. § 271, the owner of a patent has the right to exclude anyone from making, using, offering to sell, or selling their patented invention. Though it may seem like a relatively straightforward statute on the surface, there exist several issues in patent law which are not settled. One of these issues is the conflict between the right of a purchaser of a patented item to repair and maintain that item and the original patent owner's right to exclude others from making the patented invention. This issue, including which repairs are permitted and are impermissible, is an area of the law with centuries of unclear precedent resulting in uncertain boundaries. However, a landmark U.S. Supreme Court case in the early 1960s refocused the analysis on whether a “true reconstruction” occurred, leaving an amorphous boundary between permissible and impermissible actions.

Crossref

AIPLA Quarterly Journal, Fall 2024, Volume 52, Issue 4, p. 763.

[New York, NY] : Thomson Reuters, 2024.

English

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