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Intellectual Property

Nov. 17, 2016

Prior user rights defense seldom used

The America Invents Act is primarily known for switching patent rights from a first-to-invent to a first-to-file system. But the act included many other changes as well, like strengthening of the "prior user rights defense." By Amir A. Tabarrok and Justin W. Zahrt

Amir A. Tabarrok

registered patent attorney focusing on drafting and prosecuting patent applications; patent portfolio development and management; patent analysis, litigation support and infringement analysis opinions; freedom to operate opinions and patent validity and enforcement opinions

McGeorge

Amir is a registered patent attorney, focusing on drafting and prosecuting patent applications; patent portfolio development and management; patent analysis, litigation support and infringement analysis opinions; freedom to operate opinions and patent validity and enforcement opinions.

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By Amir A. Tabarrok and Justin W. Zahrt

IP WATCH

In September 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act (AIA). The AIA transformed U.S. patent law. One of the largest changes was switching U.S. patent rights from a first-to-invent to a first-to-file system. However, the AIA included many other changes as well. One of the lesser known areas touched by the AIA wa...

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