Canon Challenge Remanufacturers’ Right to Repair Used Cartridges

Three companies are being pursued by Canon in the UK over the infringement of a single printer cartridge patent. But industry onlookers are asking if the patent is about denying the right to repair.

There are 187 claims altogether against Badger Office Supplies, Inkjet Direct and Greentrees International. It appears at this stage that the remanufactured cartridges were not using infringing parts. Rather, Canon claims its European patent, registered in the UK, is a disassembly and assembly patent. If this is true Canon is saying remanufacturers cannot dissemble and reassemble the components in a cartridge because that is an infringement of their patent. 

Usually, all patents on a cartridge expire at the time of its first sale. And the interpretation of the right to repair law allows the owner of a used cartridge to have it repaired for reuse. If it is true a disassembly or reassembly patent can stop the right of repair, then every manufacturer would use the patent and put the entire aftermarket in any industry out of business.

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