The potential for such claims is virtually unlimited and would dramatically undermine investor confidence because a risk analysis of what is “secret” is impossible, and litigation costs against a prior-user defense would be prohibitive.
The expansion of prior-user rights is bad for researchers, small-business innovators and patent holders. Instead, we support patent reforms that will preserve the benefits of patent holders and encourage job creation here at home.
Rep. Jim Sensenbrenner (R-Wis.) is a former chairman of the Judiciary Committee. Rep. Tammy Baldwin (D-Wis.) is a member of the Energy and Commerce Committee.