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In 2002, the Intellectual Property and High Technology Technical Amendments Act of 2002, Public Law 107-273, amended AIPA. AIPA contains significant changes to American Patent Law. AIPA added [1] An "earlier invention" defense for business method patents – 35 U.S.C. §273;
The Independent-Invention Defense in Intellectual Property; 1999 On the Optimality of the Patent Renewal System; 1999 Patent Breadth, Patent Life, and the Pace of Technological Progress; 1999
Stanford University v. Roche Molecular Systems, Inc., 563 U.S. 776 (2011), was a United States Supreme Court case in which the Court held that title in a patented invention vests first in the inventor, even if the inventor is a researcher at a federally funded lab subject to the 1980 Bayh–Dole Act. [1]
Prior user rights defense: If an individual/entity begins using an invention ('user') more than a year before a subsequent inventor files for a patent on the same invention, then the user will have the right to continue using the invention in the same way after the subsequent inventor is granted a patent, as long as the user did not derive the ...
However, because independent invention is not a defense against patents, clean-room designs typically cannot be used to circumvent patent restrictions. The term implies that the design team works in an environment that is "clean" or demonstrably uncontaminated by any knowledge of the proprietary techniques used by the competitor.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
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