Prior Domestic Commercial Use Act of 1995
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Prior Domestic Commercial Use Act of 1995: Hearing Before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session on H. R. 2235 Prior Domestic Commercial Act of 1995; October 26, 1995 The subcommittee met, pursuant to notice, at 10:02 a.m., room 2141, Rayburn House Office Building, Hon. Carlos J. Moorhead (chairman of the subcommittee) presiding. Present: Representatives Carlos J. Moorhead and George W. Gekas. Also present: Thomas E. Mooney, chief counsel; Mitch Glazier, assistant counsel; Veronica Eligan, secretary; Betty Wheeler, minority counsel. Opening Statement Of Chairman Moorhead Mr. Moorhead. The Subcommittee on Courts and Intellectual Property will come to order. Today the subcommittee is conducting a hearing on H.R. 2235, the Prior Domestic Commercial Use Act of 1995. H.R. 2235 provides a defense against patent infringement. The defense typically arises when an original inventor, who did not publicly disclose his invention by patenting it and who has used his invention in a commercial endeavor, is being sued by a party who later patented the very same invention. An inventor may develop a product for personal gain or for the gain of his employer without ever considering obtaining a patent, or may choose for personal or strategic reasons not to disclose his invention, instead deciding to protect his invention by means of trade secret laws. One of the more famous trade secrets is the formula for Coca-Cola, which has never been patented. While there is no Federal trade secret law, there is a State common law protection for trade secrets and many States have enacted statutes to protect trade secrets. Under current law, trade secret protection and patent protection conflict because prior public disclosure of an invention defeats a patent while an undisclosed invention which relies on trade secret protection does not. H.R. 2235 would resolve this conflict by granting to a person that has used commercially an invention more than 1 year prior to an application for a patent on that very same invention, in effect, a nontransferable compulsory license which is limited to practicing the invention claimed by the prior user in their earlier activity. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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