3 ms·

prior art is still a defense, just like it was before.

• SEMW 14y ago
  "Prior art" is only stuff that was at the time available to the public, so wouldn't apply to internal company secrets. The relevant defence here is prior use, which is different: unlike prior art, it doesn't invalidate the patent, it's just a defence to infringement. An example of a prior use defence in a first to file jurisdiction -- here, the UK -- is: "Where a patent is granted for an invention, a person who in the United Kingdom before the priority date of the invention— (a) does in good faith an act which would constitute an infringement of the patent if it were in force, or (b) makes in good faith effective and serious preparations to do such an act, has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the grant of the patent; but this right does not extend to granting a licence to another person to do the act."