Prior User Right Sample Clauses

Prior User Right. The remaining grounds for granting a compulsory license is the prior user right in paragraph 48. This prior use right, together with 4 §367 patentlagen (1967:837), can be traced to a Natural Rights Theory line of thinking and the inventors natural right to his invention. The patent law is, however, formed after mainly utilitarian considerations. It is, for example, the first to file and not the first to invent who has a right to a patent.368 One may be granted a compulsory license if one has exercised someone else’s patented invention before the patent application was made public. One must however establish a particular reason for this right to be issued. The applicant must furthermore show that he had no knowledge of the patent application and that he reasonably could not have been informed of it369. He who has not put into use the patented invention yet but has made substantial preparations for professional use thereof, has the same burden of proof. The compulsory license can only cover the existing use or the use that has been prepared for, not future expansion or development. 370 This paragraph has not been interpreted by any court. The Committee has declared that this is a special provision to be used when important considerations are adduced, something made clear when the particular reasons mentioned above are referred to, such as when substantial values are at stake, both for the applicant individually and for the national economy.371

Prior User Right. The main question is on what grounds Xxxx. Xxxxxx deserves a compulsory license for the Myriad Genetics Patent. Xxxx. Xxxxxx does not claim that he used the patented process of diagnosing breast and ovarian cancer before Myriad Genetics patent application became public. Unless he can prove that he did, he does not merit a prior user right385.