The exhausted combination doctrine, also referred to as the doctrine of theLincoln Engineeringcase, was the doctrine of U.S. patent law that when an inventor invents a new, unobvious device and seeks to patent not merely the new device but also the combination of the new device with a known, conventional device with which the new device cooperates in the conventional and predictable way in which devices of those types have previously cooperated, the combination is unpatentable as an "exhausted combination" or "old combination".[1] The doctrine is also termed the doctrine of the Lincoln Engineering case because the United States Supreme Court explained the doctrine in its decision in Lincoln Engineering Co. v. Stewart-Warner Corp.[2] This doctrine has been considered abrogated by the US Congress in 1952, when it passed the 1952 Patent Act.[3]
^For example, consider the invention of a new microprocessor, which is patentable in its own right. Suppose that the inventor seeks to patent computers containing the new microprocessor, where the microprocessor cooperates with the other elements of the computers in the same conventional way that microprocessors have previously cooperated with the other elements of computers. The computer with the new microprocessor would be an exhausted combination. This hypothetical case is based on the facts of the recent U.S. Supreme Court decision in Quanta Computer, Inc. v. LG Electronics, Inc., 128 S. Ct. 2109 (2008).
^Justia and FindLaw, 303 U.S. 545 (1938)].
^"MPEP".
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