first inventor defense
first-inventor defense. Patents. In a suit alleging infringement of a business-method patent, a statutory affirmative defense made out by showing that the defendant was using the business method commercially for at least a year before the plaintiff filed the patent application. • The First Inventor Defense Act of 1999 is codified at 35 USCA § 273(a)(3). [Cases: Patents 283(1). C.J.S. Patents §§ 436–439.]