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Patently Enabled July 2025 – Prior User Rights Under U.S. Patent Law
The purpose of this monthly series Patently Enabled is to share simplified patent-related information to assist non-patent practitioners in making the best decisions when considering their intellectual property rights.
In the July edition of Patently Enabled, Day Pitney explores the doctrine of prior user rights under U.S. patent law. The newsletter explains how a third party may continue using an invention—even after another party secures a patent—if the third party had commercially used the invention in the United States at least one year before the patent's effective filing date.
For any patent-related comments, questions or other inquiries, please contact patent attorneys Emily Ferriter Russo or George Chaclas.