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United States · Bill · S

S. 2272 (103rd)

Patent Prior User Rights Act of 1994

referredUnited States· United States Congress· EN

Introduced

1 July 1994

Last action

—

Status

Referred to the House Committee on Judiciary.

Sponsors

—

Subjects

Discovery layer

Source updated

10 August 2026

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Summary

Patent Prior User Rights Act of 1994 - Provides that a person shall not be liable as a patent infringer with respect to any matter claimed in the patent that such person had, acting in good faith, commercially used in the United States or made effective and serious preparation therefor in the United States before the critical date. Provides that rights based on prior use extend only to the claimed invention that the person claiming rights was in possession of prior to the critical date. Includes within rights based on prior use the right to make and use variations or improvements. Prohibits variations or improvements from infringing additional claims of the patent. Provides that rights based on prior use are personal and may not be licensed, assigned, or transferred to another except in connection with the assignment or transfer of the entire business or enterprise to which the rights relate. Bars claims of rights based on prior use if the activity under which the person claims the rights was: (1) based on information derived from the patentee; or (2) abandoned on or after the critical date, except that for abandonment occurring after the critical date, rights based on prior use may be used as a defense to infringement for that period of activity which occurred prior to abandonment if such activity would otherwise have been allowed. Provides that the burden of proof for establishing the defense shall be on the person claiming rights based on prior use.

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Documents

10 official files

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