Principle: Patent claims are exhausted with the first lawful sale in the European Economic Area (EEA).

Legal certainty: Buyers may freely use, sell, or give away purchased products without risk of patent infringement.

Purpose: Patent holders realize profits on the initial sale; after that, no further economic control is possible.

Territoriality: Exhaustion applies only to products that were lawfully placed on the market in the EEA.

Burden of proof: In case of doubt, the buyer must prove that the product was lawfully placed on the market in the EEA.

Parallel imports: Sales outside the EEA do not trigger exhaustion; imports remain vulnerable to patent infringement claims.

Consent: The consent of the patent holder or an authorized company is required for the first sale.

Repair: Buyers may replace worn parts as long as no actual new production takes place.