The Part That Broke: Repair, Reconstruction, and Aftermarket Rights in Durable Goods
By Casey Scott McKay ·
The aftermarket is where intellectual property doctrine collides with the ordinary expectation that a thing you bought can be fixed, and the collision produces some of the least intuitive law in the field. This article works the repair and reconstruction line that determines whether replacing a worn part infringes, and the exhaustion decisions that removed most post-sale restrictions from patent law's reach. It then turns to what manufacturers use instead: design patents on individual components, software authentication that pairs parts to devices, and access controls that convert a mechanical repair into a circumvention question. It closes on the antitrust exposure of aftermarket control, the right to repair statutes now reshaping the field, and where a defensible position actually lies.
IP and Technology > General IP | Article | Published 12 November 2024 - Updated 20 August 2025 | Casey Scott McKay - marksy.us
Summary. The aftermarket is where intellectual property doctrine collides with the ordinary expectation that a thing you bought can be fixed, and the collision produces some of the least intuitive law in the field. This article works the repair and reconstruction line that determines whether replacing a worn part infringes, and the exhaustion decisions that removed most post-sale restrictions from patent law's reach. It then turns to what manufacturers use instead: design patents on individual components, software authentication that pairs parts to devices, and access controls that convert a mechanical repair into a circumvention question. It closes on the antitrust exposure of aftermarket control, the right to repair statutes now reshaping the field, and where a defensible position actually lies.
Keywords: repair doctrine · permissible repair · impermissible reconstruction · patent exhaustion · first sale · spare parts · aftermarket components · design patents on parts · must match exception · software locks · parts pairing · section 1201 exemptions · diagnostic access · service manuals · right to repair statutes · refurbished goods · trademark on used goods · tying and refusals to deal · warranty conditioning · independent service organisations
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