특허제품의 양도와 특허권의 효력

Abstract

The first unrestricted sale of a patented item exhausts the patentee's control over that particular item. It generally is asserted as an affirmative defense to charges of patent infringement. It is called the doctrine of patent exhaustion. Especially, this article focused on the problem whether conditional sale of a patented item exhausts the patentee's control over that particular item. There are several decisions on denying the doctrine of patent exhaustion in U.S. courts. But most Japanese courts approved the doctrine of patent exhaustion in conditional sale of a patented item. But there is no decisions on such a case in Korean court. I agree U.S. court opnion. Futhermore, I think that the doctrine of patent exhaustion in conditional sale of a patented item should be denyed under several special requirements. these requirements should be studied more and more in the future.