2011 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 28 - INFRINGEMENT OF PATENTS (§§ 271 - 273)
Section 273 - Defense to infringement based on prior commercial use
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 28 - INFRINGEMENT OF PATENTS Sec. 273 - Defense to infringement based on prior commercial use |
Contains | section 273 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4302(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-555; amended Pub. L. 112-29, §5(a), Sept. 16, 2011, 125 Stat. 297. |
Statutes at Large References | 113 Stat. 1536 125 Stat. 297, 299 |
Public Law References | Public Law 106-113, Public Law 112-29 |
Download PDF
(a)
(1) such person, acting in good faith, commercially used the subject matter in the United States, either in connection with an internal commercial use or an actual arm's length sale or other arm's length commercial transfer of a useful end result of such commercial use; and
(2) such commercial use occurred at least 1 year before the earlier of either—
(A) the effective filing date of the claimed invention; or
(B) the date on which the claimed invention was disclosed to the public in a manner that qualified for the exception from prior art under section 102(b).
(b)
(c)
(1)
(2)
(d)
(e)
(1)
(A)
(B)
(C)
(2)
(3)
(4)
(5)
(A)
(B)
(f)
(g)
(Added Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4302(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–555; amended Pub. L. 112–29, §5(a), Sept. 16, 2011, 125 Stat. 297.)
Amendments2011—Pub. L. 112–29 amended section generally. Prior to amendment, section related to defense to infringement based on earlier inventor.
Effective Date of 2011 AmendmentPub. L. 112–29, §5(c), Sept. 16, 2011, 125 Stat. 299, provided that: “The amendments made by this section [amending this section] shall apply to any patent issued on or after the date of the enactment of this Act [Sept. 16, 2011].”
Effective DatePub. L. 106–113, div. B, §1000(a)(9) [title IV, subtitle C, §4303], Nov. 29, 1999, 113 Stat. 1536, 1501A–557, provided that: “This subtitle [enacting this section and provisions set out as a note under section 1 of this title] and the amendments made by this subtitle shall take effect on the date of the enactment of this Act [Nov. 29, 1999], but shall not apply to any action for infringement that is pending on such date of enactment or with respect to any subject matter for which an adjudication of infringement, including a consent judgment, has been made before such date of enactment.”
1 So in original. Another closing parenthesis probably should precede the comma.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.