• America Invents Act: Prior User Commercial Rights
  • December 6, 2012 | Authors: Jeremiah B. Frueauf; Lori A. Gordon
  • Law Firm: Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington Office
  • Prior to the AIA, Section 273 provided a defense to business method patents only. Now, Section 273 provides an expanded defense based on earlier commercial use of a process or instrumentality used in a manufacturing or other commercial process. 35 U.S.C. § 273(a). Additional commercial uses include for premarketing regulatory review and for continued, noncommercial use by nonprofit entities. See 35 U.S.C. § 273(c).