A Patent Case That Affects Everyone

This week, the U.S. Supreme Court will hear arguments in a patent dispute, Impression Products Inc. v. Lexmark International Inc. Unlike most patent cases, this one directly affects the daily lives of nearly every American. It requires the court to answer a simple question with profound implications: Does a patent holder have the power to dictate how you use a product after you buy it?

Although you may not realize it, many of the products you use every day -- from phones and cars to toothbrushes and medications -- are patented. These patents are largely invisible to the average consumer because of a crucial legal limitation known as "exhaustion." Exhaustion provides that when you buy a product, you own it, even if it was patented. As a result, the patent owner's rights to determine what you do with it are limited. You can use, donate, resell or repair the product as you see fit. The patent holder no longer has any say in the matter.