Re:House approves major overhaul of patent system
by patentnerd on Friday June 24, 2011 @03:58AM
(#2691434)
It is still possible to protect an invention as a trade secret. Of course, if someone later independently invents and files, they get the patent. The earlier user is immune from infringement of the patent under the "prior user defense", though.
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Re:House approves major overhaul of patent system
by dctoedt on Friday June 24, 2011 @07:20AM
(#2691773)
> It is still possible to protect an invention as a trade secret. Of course, if someone later independently invents and files, they get the patent.
That's been true for decades under existing law.
> The earlier user is immune from infringement of the patent under the "prior user defense", though.
This will be a new feature of the law under the new legislation.