Prior User Rights (Sec. 5)

Expands the prior user rights defense to all parties (current law limits its availability to only methods of doing or conducting business).

The PIA Viewpoint

The measure would weaken patent protection by providing a defense for unscrupulous entities to claim prior use and allows full use without royalty payments to the actual inventor.

PIAUSA believes that prior user rights creates a fertile new defense for willful infringement which will lead to much more litigation.