Repair Reconstruction Doctrine Analysis

Repair- Reconstruction Doctrine is a fundamental doctrine prevalent mostly in USA and few other countries which holds that a purchaser of a patented product may ‘repair’ the product but may not ‘reconstruct’ it. This definition though looks simple on the face of it, yet it is one of the most controversial doctrine with regard to patent laws across the globe. This is because of the primary reason that, more often the two verbs namely: ‘repair’ and ‘reconstruction’ overlap. The challenge with regard to is that “the difference between a repair and a reconstruction is a difficult question that must be resolved case by case.” It is very difficult for the court of law or a panel of experts to decide as to where repair ends and reconstruction starts.
The repair and reconstruction doctrine was established by Aro Mfg. Co. v. Convertible Top Replacement Co . The doctrine can be thought of as providing contract default rules in the absence of a license or an express contract setting forth the particulars of how the purchased or licensed patented product can be used. Under repair doctrine, an owner or licensee of
Once the case has been proved in the Court of law, then there are a number of remedies available to the aggrieved party. The most common of them being injunction which can be of two types, namely, temporary or interim injunction and permanent injunction. Besides this Anton Pillar Order can be granted in certain cases where the defendant is in possession of the infringed goods and they have to be seized, forfeited or damaged. Order XXXIX of the Code of Civil Procedure, 1908 empowers the court to appoint a Commissioner to visit the premises of the defendant and carry out the Anton Pillar Oder. Besides this, the Court may in their express will grant damages or accounts of profits basing on the merits of the