05-30-2017 03:16 PM
Supreme Court restricts some rights of patent owners
Washington Post - 42 minutes ago
The U.S. Supreme Court ruled Tuesday that companies give up their patent rights when they sell an item, putting new limits on businesses' ability to prevent their products from being resold at a discount.
05-30-2017 03:23 PM
chrysylys wrote:Supreme Court restricts some rights of patent owners
Washington Post - 42 minutes ago
The U.S. Supreme Court ruled Tuesday that companies give up their patent rights when they sell an item, putting new limits on businesses' ability to prevent their products from being resold at a discount.
I'll have to read through this and digest it more to see how I feel about it, but on the surface, I've always thought once an item or product was initially sold, it then became the property of that buyer, his to do with as he wishes, including selling it at whatever price he wishes, including giving it away.
I'll be interested in other's views on this and the pros and cons they put forth for consideration. Thanks for posting.
05-30-2017 03:42 PM
That ruling is a no brainer. Any other ruling would derail all 2nd hand commerce.
05-30-2017 04:22 PM
VERO has nothing to do with patents.
05-30-2017 05:16 PM
I'll have to read the whole decision (hopefullly translated into little words, lol). We have patents on items like chairs. If someone buys a chair, does that mean the person can resell it or does that mean the person can make one exactly like it and our patent is now meaningless?
The brief (pun intended) article isn't really clear. I get the WP; the full story will be in tomrrow's paper.
05-30-2017 05:17 PM
@mistwomandancing wrote:
@chrysylys wrote:Supreme Court restricts some rights of patent owners
Washington Post - 42 minutes ago
The U.S. Supreme Court ruled Tuesday that companies give up their patent rights when they sell an item, putting new limits on businesses' ability to prevent their products from being resold at a discount.
I'll have to read through this and digest it more to see how I feel about it, but on the surface, I've always thought once an item or product was initially sold, it then became the property of that buyer, his to do with as he wishes, including selling it at whatever price he wishes, including giving it away.
I'll be interested in other's views on this and the pros and cons they put forth for consideration. Thanks for posting.
Let us know when you dig through, because the statement by the WP just says:
The U.S. Supreme Court ruled Tuesday that companies give up their patent rights when they sell an item
which seems to imply that after the company sells something the first time, their patent is then moot and anyone can copy that item.
05-30-2017 05:19 PM
@sharingtheland wrote:I'll have to read the whole decision (hopefullly translated into little words, lol). We have patents on items like chairs. If someone buys a chair, does that mean the person can resell it or does that mean the person can make one exactly like it and our patent is now meaningless?
The brief (pun intended) article isn't really clear. I get the WP; the full story will be in tomrrow's paper.
Exactly what I was wondering.
05-30-2017 05:40 PM - edited 05-30-2017 05:43 PM
@d-k_treasures wrote:Let us know when you dig through, because the statement by the WP just says:
The U.S. Supreme Court ruled Tuesday that companies give up their patent rights when they sell an item
which seems to imply that after the company sells something the first time, their patent is then moot and anyone can copy that item.
That's not the implication. Patents are granted to give a company exclusive rights to sell their design, without competition, so as to make whatever profit they desire on their sales. The question before the court was whether or not that right extended to refurbishers, resellers, etc. of the patented items because if someone was selling a patented product at a discount, it obviously provides competition and takes away market share (specifically, Lexmark was suing toner refillers).
The court simply said that once a product is sold, then it can be modified, refurbished, etc. and then resold ... and the patent holder cannot block those sales based on patents.
There are some manufacturers (I think Coach might be one) that agressively attack resales of their products because they do not want brand devaluation. They might use things like VERO to get listings pulled.
05-30-2017 05:52 PM
05-30-2017 06:18 PM
@sharingtheland wrote:I'll have to read the whole decision (hopefullly translated into little words, lol). We have patents on items like chairs. If someone buys a chair, does that mean the person can resell it or does that mean the person can make one exactly like it and our patent is now meaningless?
The brief (pun intended) article isn't really clear. I get the WP; the full story will be in tomrrow's paper.
It just means that once someone purchases an item, that they can restore it and resell it if they want too.
05-30-2017 06:18 PM
05-30-2017 06:57 PM
I 100% agree this should not be out in never never land
This needs back on the selling board
05-31-2017 11:04 AM
@chrysylys wrote:
This thread needs to be moved back to the Selling board.
alan@ebay
@chrysylys - thread moved.
Alan - eBay Community Manager
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05-31-2017 11:17 AM - edited 05-31-2017 11:20 AM
@*eponymous* wrote:VERO has nothing to do with patents.
The primary goal of the VERO program is to shield eBay from liability arising from listings created on the eBay site by eBay users.
eBay generally responds to claims of infringement made through VERO by taking the listing down without paying much attention to the merit of the claim.
IHMO this SCOTUS decision will probably not change that.
05-31-2017 11:23 AM
@*eponymous* wrote:VERO has nothing to do with patents.
This - also if an item has been sold once it is no longer new! In other words it already has sale against its history and thereby not new any longer. Does that make sense? This IMO is where the problem is for internet sales and it also applies to B&M as well, but much more visable with online sales.
Manufactures IMO should have the right to say who is licensed to sell there items in new condition. Used condition has always been covered by the first sale doctrine.
Good Luck Selling!