Disposing of patented invention meaning

Disposing of a patented invention describes selling or otherwise supplying a patented product, or a product made directly by a patented process, in the course of trade. In England & Wales, Scotland and Northern Ireland, this is a statutory concept: under section 60 of the Patents Act 1977, it is patent infringement to dispose of, offer to dispose of, use or import a patented product, or to keep it whether for disposal or otherwise. “Dispose of” covers sales and other transfers of ownership or possession (for example, supply or hire). An offer to dispose of can infringe even if no sale occurs. The same rules apply to products obtained directly by a patented process (product-by-process). In Ireland, the Patents Act 1992 uses equivalent language (such as offering, putting the product on the market, using, importing or stocking), and the practical effect is broadly the same. Key limits include exhaustion of rights: resale or other dealings with goods first put on the market by or with the patentee’s consent will not infringe (UK: EEA exhaustion policy; Ireland: EU/EEA exhaustion). Routine repair that does not amount to “making” is generally permissible; remanufacture is not. Territorial targeting of offers is relevant to infringement.