Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

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) ?

Thanks.

share|improve this question
add comment

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Browse other questions tagged or ask your own question.