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What is the right of prior use or “pre-use”? In an earlier blog, we discussed “prior publicuse” 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 patentinfringement.
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 patentinfringement at the International Trade Commission (ITC). The case has major implications for the relationship between patent rights and trade secret rights.
And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for publicuse, without just compensation.” The government is not using the patent, but the patented technology.
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