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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patent infringement at the International Trade Commission (ITC). The case has major implications for the relationship between patent rights and trade secret rights.

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