“In 2018, the Patent Act was amended to expand the scope of the ‘Prior Use’ exception to patent infringement. This exception declares acts not to be an infringement of a patent if a person had done the same act prior to the claim date of a patent. Basically, if someone is doing something prior to the filing of a patent, they can continue to do what they were doing. In the recent Federal Court decision, Kobold Corporation v NCS Multistage Inc, 2021 FC 1437, the Court had the first opportunity to consider the amended prior use exception …” (more)
[Alan Macek, Slaw, 16 March]
First posted 2022-03-16 13:15:52
Leave a Reply