What can the buyer of a patented product do with the product in question under the doctrine of exhaustion? Stated otherwise: when does the use of a patented invention fall outside the scope of what a buyer is allowed or even expected to do and instead enters the grey zone of patent infringement? This question becomes even more compelling when it comes to drawing the line between repair (permissible from a patent law perspective) and reconstruction (which constitutes patent infringement). The difficulties in distinguishing between the two, repair or reconstruction, becomes more important when it comes to products that need refilling and third parties are thus given the opportunity (along with providing refills) to also provide substitutes for parts of the patented invention. There is certainly room for further interpretation of the scope of the principle of exhaustion with regards to repair/reconstruction, since the caselaw…
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