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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. 644/2006, of 6 April 2006 : Objective identity.

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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

The “on-sale bar” was the statutory hook that prevented an inventor from commercially exploiting a secret invention for several years and then also obtaining a patent monopoly. But, the problem is that the statute expressly asks whether the invention was “on sale.” Chisum, Chisum on Patents ยง 6.02[5][b]

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