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.