[Patents] Re. Prior Use

[Steve Probert steve.probert@patent.gov.uk]

PILCH Hartmut wrote:
> > >..... everybody would be able to use the patented method for
> > >free and do whatever he wants with it, because I, using my prior
> > >use right, have transferred this right to him.  
> >   
> > In the UK (at least), you would not be able to transfer such a right to
> > other people in this way.  Section 64(1) of the Patents Act specifically
> > states that .... "this right (ie the right to continue use begun before
> > priority date) does not extend to granting a licence to another person
> > to do the act."

> Which would mean that I can no longer sell the software that I had been
> selling before the patentee filed his "invention"?  

If you were selling the software (ie. making it available to the public)
before the priority date, then the patent would be invalid.

> Software patents make it necessary to sell a patent licence to every user
> of a program.

On what basis do you reach this conclusion?  (I'm not arguing - I've
just never come across this proposition before.)



-- 

Steve Probert
Deputy Director
The Patent Office