Zoe Lofgren: “H.R. 400 contains provisions referred to as prior use rights that are intended to make the patent system fairer by…”

“H.R. 400 contains provisions referred to as prior use rights that are intended to make the patent system fairer by allowing those who practice an invention before it was patented by another to continue to practice invention after the patent issued. According to Mr. Lehman, Mr. Campbell's amendment is unfair in limiting their rights to exploit the invention to the quantity or volume of use at the time of the prior use. In some instances they may have reasonably expected to expand operations at a later time and others that may be tantamount to eliminating the prior use right. That is Mr. Lehman's comment.”