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Tag Archives: Prior Commercial Use

The New Prior Commercial Use Defense

Posted in Patent Reform

While most provisions of the Leahy-Smith America Invents Act do not take effect until September 16, 2012 or March 16, 2013, several litigation-related provisions took effect immediately, on September 16, 2011. Among those is the newly expanded prior commercial use defense, which includes terms that are directly relevant to the pharmaceutical industry.

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