Prior User Rights Study Report to Congress - America Invents Act

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(2) DERIVATION—A person may not assert a defense under this section if thesubject matter on which the defense is based was derived from the patentee orpersons in privity with the patentee.(3) NOT A GENERAL LICENSE—The defense asserted by a person under thissection is not a general license under all claims of the patent at issue, but extendsonly to the specific subject matter for which it has been established that acommercial use that qualifies under this section occurred, except that the defenseshall also extend to variations in the quantity or volume of use of the claimedsubject matter, and to improvements in the claimed subject matter that do notinfringe additional specifically claimed subject matter of the patent.[…](5) UNIVERSITY EXCEPTION—(A)(B)IN GENERAL—A person commercially using subject matter to whichsubsection (a) applies may not assert a defense under this section if theclaimed invention with respect to which the defense is asserted was, atthe time the invention was made, owned or subject to an obligation ofassignment to either an institution of higher education (as defined insection 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),or a technology transfer organization whose primary purpose is tofacilitate the commercialization of technologies developed by one ormore such institutions of higher education.EXCEPTION—Subparagraph (A) shall not apply if any of the activitiesrequired to reduce to practice the subject matter of the claimed inventioncould not have been undertaken using funds provided by the FederalGovernment.57
Appendix C: List of Parties Providing Testimony and/or Comments 286Individuals Providing TestimonyGary Griswold (on his own behalf)Alan Kasper (AIPLA)Thomas Kurkowski (on his own behalf)Dan Lang (Cisco)MaCharri Vorndran-Jones (ABA-IP Group)Intellectual Property OrganizationsAmerica Bar Association – IP SectionAmerican Intellectual Property Association (AIPLA)Coalition for Patent FairnessComputer & Communications Industry Association (CCIA)Institute of Patent and Trade Mark Attorneys of AustraliaInternational Federation of Intellectual Property Attorneys (FICPI)Japan Intellectual Property Association Innovation AllianceJapan Patent Attorneys AssociationNew Zealand Institute of Patent AttorneysAcademic and Research InstitutionsWisconsin Alumni Research FoundationBerkeley Center for Law and Technology and Greentech Industries 287Regents of University of California BoardHigher Education Associations 288286 See Notice of Public Hearing and Request for Comments on the Study of Prior User Rights, 76 Fed. Reg. 62,388(Oct. 7, 2011).287 Greentech Industries consists of: Soraa, Inc.; Sakti3, Inc.; EchoFirst, Inc.; Solaria Corp.; Stion Corp.; TopangaTechs., Inc.58
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Report to CongressJanuary 2012Repor
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REPORT ON PRIOR USER RIGHTSUNITED S
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(D)(E)(F)An analysis of the effect
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Accordingly, pursuant to the congre
Page 9 and 10: enactment of the AIA, for instance,
Page 11 and 12: As with the creation of the prior u
Page 13 and 14: Report. 34 This Report, along with
Page 15 and 16: ange of U.S. patent owners and stak
Page 17 and 18: definition is France. The rest of t
Page 19 and 20: usiness or enterprise activities of
Page 21 and 22: According to Russia’s patent law,
Page 23 and 24: Some countries do not specifically
Page 25 and 26: locality of prior use. 119 More spe
Page 28 and 29: claim of prior user right, bears th
Page 30 and 31: United Kingdom allows a prior user
Page 32 and 33: to a basic failure in the market fo
Page 34 and 35: technologies. 166 A narrower prior
Page 36 and 37: 2. Prior User Rights and New Compan
Page 38 and 39: While Europe’s experience with pr
Page 40 and 41: and that prior user rights protecte
Page 42 and 43: On the other hand, other scholarshi
Page 44 and 45: The director of a major federally f
Page 46 and 47: A minority of respondents asserted
Page 48 and 49: Thus, the USPTO finds that:Finding
Page 50 and 51: drastic effects on American busines
Page 52 and 53: In a first-inventor-to-file regime,
Page 54 and 55: practitioner even noted that first-
Page 56 and 57: Recommendation 5:United States pate
Page 58 and 59: (2) LIMITATIONS AND QUALIFICATIONS
Page 62 and 63: CompaniesBelz ConsultingCiscoGoogle
Page 64: The United States Patent and Tradem
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Prior User Rights Study Report to Congress - America Invents Act

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