15.23 Defenses-Continuous Prior Use Within Remote Geographic Area-Affirmative Defense is a legal defense available to parties accused of patent infringement. It is a type of prosecution defense, whereby the alleged infringed can demonstrate that the invention claimed in the asserted patent was previously used by the accused infringed in a continuous and uninterrupted manner in a remote geographic area, prior to the filing of the patent application. This defense may provide a complete defense to infringement if the accused infringed can demonstrate the prior use was within the scope of the claims of the asserted patent. There are two types of 15.23 Defenses-Continuous Prior Use Within Remote Geographic Area-Affirmative Defense: (1) The standard prior use defense, and (2) The experimental use defense. The standard prior use defense requires the accused infringed to demonstrate that the invention was used in a continuous and uninterrupted manner prior to the filing of the patent application. The experimental use defense requires the accused infringed to demonstrate that the invention was used for experimental purposes prior to the filing of the patent application.
15.23 Defenses-Continuous Prior Use Within Remote Geographic Area- Affirmative Defense
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