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Do Patents Control Self-replicating Technologies?

from Genetic Engineering & Biotechnology News

Traditional patent exhaustion protects subsequent uses and resale of a patented invention. However, courts generally have not extended this protection to "making" the patented invention. That is, the law does not protect an authorized purchaser from subsequently making the patented invention without authority from the patent holder. But how will the courts apply patent exhaustion principles to technologies that are necessarily "self-replicating" as many biotechnology inventions are? more

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