Who is considered a prior user of a patented invention?
A prior user is someone who used the invention in good faith before the patent application’s filing date. This right also applies to those who made serious preparations for such use in their business. They are entitled to continue using the invention despite the subsequent patent grant. This protection for early users is found in Section 73 Intellectual Property Code of the Philippines. “73.1. Notwithstanding Section 72 hereof, any prior user, who, in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business, before the filing date or priority date… shall have the right to continue the use thereof…” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
