Posts Tagged: prior user rights


Prior User Rights: The Uncertainty Will Cost You

Section 273 uses language that is untested in the court system. Clarity with respect to statutory construction is especially important to those who wish to take advantage of …
By Nicholas R. Mattingly
6 years ago 2

Prior User Rights: Rewarding Those Who Don’t Contribute

Prior user rights also implicate free rider problems with respect to a subsequent patent that an inventor obtains covering the subject matter of the secret prior user. …

Prior User Rights and the Incentive to Keep Innovations Secret

However, if prior users are keeping their technology secret while being protected, that leap-frogging from one breakthrough to the next be impeded. Disclosure is the backbone of …

What Will Prior User Rights Mean for Patent Litigators?

If you believe that prior user rights are insignificant and don't deserve discussion you have permission to keep your head firmly planted in the sand. Everyone else …
By Gene Quinn
6 years ago 33

Point – Counterpoint: The Debate Over Prior User Rights

Exactly who is to blame if a pharmaceutical company, say Eli Lilly, decides to invest billions of dollars and build a facility when they haven't adequately protected …
By Gene Quinn
6 years ago 53

USPTO to Conduct Studies of Prior User Rights and International Patent Protection for Small Businesses per America Invents Act

The United States Patent and Trademark Office (USPTO) released two Federal Register Notices on October 7, 2011, seeking written comments and announcing two public hearings for two studies the …
By U.S.P.T.O.
6 years ago 0

America Invents: A Simple Guide to Patent Reform, Part 2

I have done quite a bit of writing about the America Invents Act, but I have been a bit derelict in providing the sequel to America Invents: …
By Gene Quinn
6 years ago 5

Reshaping U.S. Patent Law. Who are the Winners & Losers?

It is fair to say that enactment of the AIA is not what most stakeholders championed early on. Many small inventors and innovation companies feel that some …
By Manus Cooney
6 years ago 5

America Invents: How the New Law Impacts Your Patent Practice

The America Invents Act, which just recently passed by the Congress and sent to the White House for President Obama’s signature, is the most significant patent …
By Gene Quinn
6 years ago 11

Patent Reform: House Passes America Invents Act 304-117

United States House of Representatives passed H.R. 1249, which is known as the America Invents Act by a vote of 304-117. This bill differs from the Senate …
By Gene Quinn
6 years ago 20

Handwriting on the Wall: House Passes Managers Amendment to America Invents Act

Shortly after 2pm Eastern Time the United States House of Representatives voted on the Managers Amendment to the America Invents Act, H.R. 1249. The Managers Amendment passed …
By Gene Quinn
6 years ago 1

The Constitutional Argument Against Prior User Rights

The man who secretes his invention makes easier and plainer the path of no one. He contributes nothing to the public. Over and over has it been …
By Gene Quinn
6 years ago 49

Did the Supreme Court Rule First to File is Unconstitutional?

The ink is hardly dry on the Supreme Court decision in Stanford v. Roche and already those who oppose patent reform are concocting one of the most …
By Gene Quinn
6 years ago 110

Trojan Horse Patent Reform, About Prior User Rights All Along

So why would large companies be such supporters of first to file? What if first to file was the Trojan Horse that carried prior user rights? Prior …
By Gene Quinn
6 years ago 17

House Inter Partes Review Provisions Threaten Patent Reform

Both the House and Senate bills create the opportunity for continual and constant challenges, one right after another. For example, challengers could tie up issued patents in …
By Gene Quinn
7 years ago 5