How does use by independent third parties affect public use determinations?
Use of an invention by independent third parties can constitute public use under pre-AIA 35 U.S.C. 102(b) in certain circumstances. The MPEP provides guidance on this issue: “Any ‘nonsecret’ use of an invention by someone unconnected to the inventor, such as someone who has independently made the invention, in the ordinary course of a business…
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