Prior Use
/ˈpraɪər juːs/
Definitions
- (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.
- (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.
Related terms
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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.