Patents

Prior use is a defence to patent infringement in many jurisdictions around the world.   If a person or an organisation, acting in good faith, does something before the priority date of a patent that would constitute infringement of the patent (if it were in force), or makes serious preparations to do such an act, then they often have the right to continue to do that act.

In practice, a “prior use” defence is dependent upon the facts and anyone wishing to use it needs clear and convincing evidence to support their claim.  

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At the Victor, we use Etched® intellectual asset management tool to imprint and date stamp evidence of use of technology on the blockchain.   This evidence can be used to defend against patent infringement claims and it can give comfort to those worried about using technology that they have not themselves patented and that might, one day, fall within the scope of someone else’s patent.

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