Prior Use

/ˈpraɪər juːs/

Definitions

  1. (n.) The use of an invention or trademark by an individual or entity before a certain date relevant to patent or trademark rights, potentially affecting the validity or enforcement of those rights.
    The defendant claimed prior use to contest the patent infringement suit.
  2. (n.) In evidence law, the previous utilization of a document or testimony in a prior proceeding, which may impact its admissibility or weight.
    The lawyer introduced the prior use of the contract as evidence in court.

Commentary

Prior use often serves as a defense in patent and trademark infringement cases; precise documentation and timing are crucial in establishing its legal effect.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Prior Use Definition