Can a previously invented technology infringe a recent patent?

Question

Roughly two years ago we created a new technology and chose to keep it confidential. Now a competitor has filed what seems to be a patent application for a similar technology. Under the new first to file law, would we infringe their patent if we continue using our tech?

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Answers: 4 public & 0 private

Joseph zito
Patent Attorney

No, you will not be an infringer.

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