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This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models. What is the right of prior use or “pre-use”? 201/2012, of 28 May 2012 ).
Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. 1983) (sale of product by a third party who had kept its process secret does not prohibit an independent inventor to patent the process). Gore & Assocs., Garlock, Inc. ,
The purpose of this right is to enable the government to fully realise the potential of the public-funded IPR in question if it is being underutilised by the inventor institute. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.
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