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The recently enacted Leahy-Smith America Invents Act expands the “prior commercial use” defense to patent infringement to benefit companies that choose to keep key technologies used in manufacturing and other commercial processes as trade secrets instead of protecting them with patents. While the defense cannot be used to invalidate a patent, it prevents a new patentee from interfering in the continued practice of a technology developed well before the patentee invented it. Previously, the “commercial use” defense could only be asserted against business method patents.