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.
Former Sen. Scott Brown, R-Mass., candidate for U.S. Senate in New Hampshire, holds his hand over his heart during the singing of the national anthem as he waits to take the stage for his town hall campaign rally with Sen. John McCain at the Pinkerton Academy in Derry, N.H., on Monday, Aug. 18, 2014.