Between the point in time that an inventor first files a patent application and the point in time that this patent application issues into a patent (or otherwise goes abandoned), the patent application will be pending at the United States Patent and Trademark Office. For most patent applications, this period of pendency typically lasts between 2 and 3 years. This delay is mainly due to the fact that there are not nearly enough patent examiners to handle the vast amount of patent applications that get filed every year.
No remedies can be given until a patent has issued. After the patent has issued, the patent holder can recover monetary damages for another's infringing activity when the patent holder has provided either "actual notice" to the infringer or "constructive notice" to the public. "Actual notice" is provided when the patent holder directly informs the infringer that his activity is infringing the patent (e.g.., sends him a cease and desist letter, or otherwise files a suit for patent infringment). "Constructive notice" is provided when the patent holder affixes his patent number to his own products (e.g., Pat. 7,432,432).
Readers should study and learn the lesson of Phillips Electronics, an electronics company that sued a number of other electronics manufacturers for infringing its patented remote control. Because Philips did not mark its patented remote control, or provide actual notice to the infringing parties, the District Court of Delaware barred Philips from recovering monetary damages for over three years of infringing sales.
No remedies can be given until a patent has issued. After the patent has issued, the patent holder can recover monetary damages for another's infringing activity when the patent holder has provided either "actual notice" to the infringer or "constructive notice" to the public. "Actual notice" is provided when the patent holder directly informs the infringer that his activity is infringing the patent (e.g.., sends him a cease and desist letter, or otherwise files a suit for patent infringment). "Constructive notice" is provided when the patent holder affixes his patent number to his own products (e.g., Pat. 7,432,432).
Readers should study and learn the lesson of Phillips Electronics, an electronics company that sued a number of other electronics manufacturers for infringing its patented remote control. Because Philips did not mark its patented remote control, or provide actual notice to the infringing parties, the District Court of Delaware barred Philips from recovering monetary damages for over three years of infringing sales.
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