PRISAGE

prisage (prI-zij). Hist. A royal duty on wine imported into England. • Prisage was replaced by butlerage in the reign of Edward I. Cf. BUTLERAGE. [Blacks Law 8th]

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PRIOR-USER RIGHT

prior-user right. Patents. The right of a first inventor to continue using an invention after someone else has patented it. • This right protects first inventors in most countries from the harsh effects of a first-to-file system. See PRIVATE-USE EXCEPTION(2). [Blacks Law 8th]

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PRIOR-USE DOCTRINE

prior-use doctrine. The principle that, without legislative authorization, a government agency may not appropriate property already devoted to a public use. [Cases: Eminent Domain 47. C.J.S. Eminent Domain § 58.] [Blacks Law 8th]

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PRIOR SALE

prior sale. Patents. Sale or offer of sale of an invention before a patent is applied for. • If the sale occurred more than one year before the application is filed, the patent is barred by statute. 35 USCA § 102(b). [Cases: Patents 76. C.J.S. Patents §§ 107, 110–111.] [Blacks Law 8th]

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PRIOR RESTRAINT

prior restraint. A governmental restriction on speech or publication before its actual expression. • Prior restraints violate the First Amendment unless the speech is obscene, is defamatory, or creates a clear and present danger to society. [Cases: Constitutional Law 90(3). C.J.S. Constitutional Law §§ 502, 542, 546–550.] “The legal doctrine of prior restraint (or formal…

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PRIOR PUBLICATION

prior publication. Patents. Public disclosure of the basis for or existence of an invention, made before filing a patent application for the invention. • If the publication was made more than a year before the application is filed, the patent is barred by statute. Publication occurs when the information is made available to any member…

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