Does “Public Use” Mean the Same Thing It Did Last Year?

Details

Author(s):
Publish Date:
April, 2015
Publication Title:
Texas Law Review
Format:
Journal Article Volume 93 Page(s) 1119-1136
Citation(s):
  • Mark A. Lemley, Does “Public Use” Mean the Same Thing It Did Last Year?, 93 Texas Law Review 1119 (2015).
Related Organization(s):

Abstract

The America Invents Act (AIA) brought significant change to America’s patent system by moving from a “first to invent” to a “first to file” system. Some commentators have argued that the AIA also redefined the meaning of “public use” such that secret commercial uses by the inventor are no longer considered prior art. Professor Lemley contends that this assertion is unfounded as a matter of statutory interpretation. Furthermore, Lemley argues that reading the AIA in this way would be an unwise policy decision.