If I have claims submitted along with my PPA form, and my PPA is descriptive, will I then be eligible to receive damages in a scenario where:
- I filed my PPA on Jan-01-2017,
- filed for NP (claiming PPA's priority) on Dec-31-2017
- had my NP published on May-30-2018.
- an infringer infringes my application on April-01-2018.
- On Dec-31-2019 I have my patent granted.
Will I then be eligible for infringement damage, after 31-Dec-2019 for the infringement made on April-01-2018"?
Is my assumption correct - that effective filing date is filing date of any patent application (PCT, PPA, NP) with claims? And that after patent grant, inventor is eligible for receiving infringement royalty from the filing date of such an application (any application with claim/detailed description of invention)?
from this post:
" The rights of the patent owner start from the date of publication (generally 18 months after filing the patent application) of the patent application. However, a patent owner can file a patent infringement suit only after the patent is granted. " - Is this pre-AIA or AIA First to File act?
Also, from this link, PDF page : 4/14:
"However, Congress gave patent applicants provisional rights in their published patent applications as an incentive to publish, so that information about new advances could be shared with the public regardless of whether a patent issues from an application."
Don't they seem to contradict? Or am I just misunderstanding?
Please assist me