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Not sure in that case. If B can prove that they were using it first, then it's possibly prior art (or else obvious) and A's patent may be invalidated.
by anthonyb 14y ago
Not sure in that case. If B can prove that they were using it first, then it's possibly prior art (or else obvious) and A's patent may be invalidated.
- dllthomas 14y agoIANAL, but I believe that's only true if B was using it before A filed. The order described was "A files, B re-invents, A's patent is issued". It may have some weight in arguing that the invention was obvious, but my understanding is that this is harder than invalidating a patent based on prior art.