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If there is a patent application with :

  1. PCT publication at 18 month with claim A

  2. early national phase entry with a designated state say, Singapore of (1) with publication at 18 month of amended claim A+B.

  3. national phase entry in United States at 30 month, with claim A+B.

Assuming the patent is granted at 36th month, and a infringement is found at time 20th month in United States, could the infringement royalties be back dated to publication at (1) or (2) ? The PCT WIPO search contains all relevant application and publication at the designated states as well, in this case, the Singapore publication with claims A+B surfaced from the search together with the PCT publication with claim A.

Can the above be substantiated for a back dated infringement royalties for (2) ?


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