What nanotech inventors need to know about trade secrets and the prior user rights defense
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AbstractThe America Invents Act (AIA) presents new challenges and strategy considerations for nanotechnology inventors and companies that seek to protect their intellectual property in the United States. Among the many notable changes, the AIA expands the “prior user rights” defense to infringement and broadens the classes of patents that are eligible for the new limited prior user rights defense. While this defense is limited in some instances, such as against universities, it could be invaluable in others, such as when a competitor independently discovers and patents the trade secret. In the world of nanotechnology, where inventions and products are increasingly complex, this protection can prove to be vitally important.