A patent holder in the USA has filed for a PCT for their invention.

We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling the item in the UK/Europe up until national phase applications from the PCT are granted?

In particular, I am aware that retrospective damages can be sought for any infringement. Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted?

I am assuming that damages can only be sought retrospectively from the time of the issuance of the patent in that locale onwards. Though I have heard of a US based “provisional rights” clause that may enable the IP holder to subject royalties prior to the issuance of IP and wonder if that is valid for cross border PCT applications.

Also - does the IP holder needs to have some legal representative - a person or a company - in the area that the IP is made post PCT in order for the IP to be issued?

Is it possible to find out the status of any PCT applications online - I have looked around but am having trouble locating anything outside of location specific (e.g. UK) IP searches.

A patent holder in the USA has filed for a PCT for their invention.

We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling the item in the UK/Europe up until national phase applications from the PCT are granted?

In particular, I am aware that retrospective damages can be sought for any infringement. Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted?

I am assuming that damages can only be sought retrospectively from the time of the issuance of the patent in that locale onwards. Though I have heard of a US based “provisional rights” clause that may enable the IP holder to subject royalties prior to the issuance of IP and wonder if that is valid for cross border PCT applications.

A patent holder in the USA has filed for a PCT for their patent.

We have found that we whilst we can’t sell a product that looks like it conflicts with the US IP in the USA, are we able to continue selling the item in the UK  / Europe up until the PCT is approved? I assume so - however…

I am aware that retrospective damages can be sought for any infringement - can someone tell me if retrospective damages can be sought in PCT areas PRIOR to the time it is issued. More than likely not but I am seeking clarification.

I am assuming that damages can only be sought retrospectively from the time of the issuance of the IP in that locale onwards. though I have heard of a US based “provisional rights” clause that may enable the IP holder to subject royalties prior to the issuance of IP and wonder if that is valid for cross border PCT applications.

Also - does the IP holder needs to have some legal representative - a person or a company - in the area that the IP is made post PCT in order for the IP to be issued?

Is it possible to find out the status of any PCT applications online - I have looked around but am having trouble locating anything outside of location specific (e.g. UK) IP searches.

Many thanks for your any feedback on this.

A patent holder in the USA has filed for a PCT for their invention.

We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling the item in the UK/Europe up until national phase applications from the PCT are granted?

In particular, I am aware that retrospective damages can be sought for any infringement. Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted?

I am assuming that damages can only be sought retrospectively from the time of the issuance of the patent in that locale onwards. Though I have heard of a US based “provisional rights” clause that may enable the IP holder to subject royalties prior to the issuance of IP and wonder if that is valid for cross border PCT applications.

Also - does the IP holder needs to have some legal representative - a person or a company - in the area that the IP is made post PCT in order for the IP to be issued?

Is it possible to find out the status of any PCT applications online - I have looked around but am having trouble locating anything outside of location specific (e.g. UK) IP searches.