Kappos Says Prior Use Rule Shouldn't Be Changed For Now

Law360, New York (February 1, 2012, 7:15 PM EST) -- U.S. Patent and Trademark Office Director David Kappos told lawmakers on Wednesday that they should not try to harmonize the America Invents Act's prior user rights provision with other countries' laws before the agency submits an implementation report in 2015.

Responding to questions from members of the House Subcommittee on Intellectual Property, Competition and the Internet on whether the provision — which created prior commercial use of an invention as a defense to infringement allegations — needed improvements, Kappos said the law should remain unchanged for...
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