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

Garrigues Blog

What is the right of prior use or “pre-use”? In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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

Patently-O

In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patent infringement at the International Trade Commission (ITC). Chisum, Chisum on Patents § 6.02[5][b] When competitor Anhui Jinhe began importing Ace-K into the U.S.,