Under Impression Products v Lexmark, once a patented item is sold, what is true regarding downstream control via patent law?

Under Impression Products v Lexmark, once a patented item is sold, what is true regarding downstream control via patent law?

• A. Patentees retain rights to control post-sale use
• B. Rights are exhausted for domestic and foreign sales
• C. Rights exhausted only domestically
• D. Rights exhausted after the first sale, including authorized foreign sales

Answer: (D)

Patent exhaustion means that once a patentee authorizes the sale of a patented item, the patent rights in that item are exhausted and downstream uses are no longer subject to infringement claims. In Impression Products v. Lexmark, the Supreme Court clarified that exhaustion applies to both domestic and international sales—an authorized sale anywhere ends the patent proprietor’s control over that item. So after the first authorized sale, including foreign sales, the patentee cannot later impose patent-based restrictions on how the item is used or resold. This focuses on the fact that exhaustion follows the first sale and reaches authorized foreign sales as well.

Patent exhaustion means that once a patentee authorizes the sale of a patented item, the patent rights in that item are exhausted and downstream uses are no longer subject to infringement claims. In Impression Products v. Lexmark, the Supreme Court clarified that exhaustion applies to both domestic and international sales—an authorized sale anywhere ends the patent proprietor’s control over that item. So after the first authorized sale, including foreign sales, the patentee cannot later impose patent-based restrictions on how the item is used or resold. This focuses on the fact that exhaustion follows the first sale and reaches authorized foreign sales as well.