Oblon, Spivak's Richard Kelly is quoted in a news article regarding the prior user rights provision of the America Invents Act. Mr. Kelly commented that big technological breakthroughs will always be patented because the inventors will want to protect them. But prior user rights could make the trade secret route more appealing when it is debatable whether the invention is patent-eligible. "In cases where people are on the fence about filing for a patent or not, this is going to push them in the direction of not filing for a patent," Kelly said.
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