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Patent reform series: prior user rights defence

Managing Intellectual Property

As implementation of the America Invents Act becomes imminent, Managing IP presents a series of articles examining successful strategies for approaching specific provisions of the new law. In our first, Monica Bhattacharyya tackles the new prior user rights defence

One significant change to the patent laws introduced by the America Invents Act (AIA) is the so-called prior user rights defence, codified at 35 USC, section 273, which applies to patents issued on or after September 16 2011. The defence...

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