Depending on your unique case and circumstances, you may be eligible to assert "provisional" rights (Note that the term "provisional" as used here has no connection whatsoever to "provisional" patent applications). Provisional rights accord you with some level of legal protection for infringing activities occurring after the date that your patent application was published (typically, 18 months after the date it was filed) all the way through the date that the patent was issued. The portion of the federal statute that grants provisional rights (35 U.S.C. Section 154(d)) grants the patent holder the rights to collect "reasonable royalties" for infringing activity that occurs during this period.
However, in order to be eligible to receive such "reasonable royalties," two additional legal requirements must be satisfied. First, the alleged infringer must be given "actual notice" from the patent holder that his own activities are infringing the patent in question (e.g., a cease and desist letter). Second, the claims in the issued patent must be substantially similar to the claims in the published patent application. Note that an action for receipt of these royalties can only be brought only after the patent has issued.
However, in order to be eligible to receive such "reasonable royalties," two additional legal requirements must be satisfied. First, the alleged infringer must be given "actual notice" from the patent holder that his own activities are infringing the patent in question (e.g., a cease and desist letter). Second, the claims in the issued patent must be substantially similar to the claims in the published patent application. Note that an action for receipt of these royalties can only be brought only after the patent has issued.
RSS Feed