Lecture
Prior use - before the priority date another person, independently of the patent holder, used the same solution or made all the necessary preparations for it. This right is limited to the use already commenced or to the preparations made, without the right to expand it. He may transfer the rights to other persons only together with the enterprise itself.
The right of subsequent use arises for any persons who have begun using an invention, utility model or industrial design that has lost patent protection due to non-payment of the patent fees for maintaining the patent in force. If within three years the former patent holder, upon petition, restores the effect of the patent, those who have already begun such use may continue to do so without paying anything, but also without the possibility of expanding production.
Comments