Publish Your Patent Application? … Or Not
Posted on April 21, 2008 - Filed Under Legal and Law | Leave a Comment
Infringement and Provisional Damages
There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.
Read More..>>Provisional Or Non-provisional Patent Application - Which Should You Choose?
Posted on March 23, 2008 - Filed Under Legal and Law | Leave a Comment
A provisional patent application is not a patent, and furthermore, never becomes a patent, with the single rare exception noted below. It automatically expires after twelve months following the day of filing and cannot be revived.
It does provide a priority date for concurrent later-filed non-provisional applications for the content that is in the provisional. This means that references that could defeat the later-filed application as to the matter in the provisional (but which could not defeat the provisional filing date) will now not be utilized to defeat the later-filed application. Further, it does not subtract from the twenty year term of the later-filed application unless it is truly converted as discussed below.
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