US Codex
U.S.C.
Notes

§282. Presumption of validity; defenses — Inbound Citations

35 U.S.C. § 282

Cited by 4 provisions in release 119-102.

Citations to 35 U.S.C. § 282 as a whole

  • 35 U.S.C. § 294(b)
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    (b) Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.

Citations to §282(b)

  • 35 U.S.C. § 273(a)
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    (a) A person shall be entitled to a defense under section 282(b) with respect to subject matter consisting of a process, or consisting of a machine, manufacture, or composition of matter used in a manufacturing or other commercial process, that would otherwise infringe a claimed invention being asserted against the person if—
    (1) such person, acting in good faith, commercially used the subject matter in the United States, either in connection with an internal commercial use or an actual arm’s length sale or other arm’s length commercial transfer of a useful end result of such commercial use; and
    (2) such commercial use occurred at least 1 year before the earlier of either—
    (A) the effective filing date of the claimed invention; or
    (B) the date on which the claimed invention was disclosed to the public in a manner that qualified for the exception from prior art under section 102(b).

Citations to §282(b)(2)

  • 35 U.S.C. § 321(b)
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    (b) A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).

Citations to §282(b)(3)

  • 35 U.S.C. § 321(b)
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    (b) A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).