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Remove additional questions (which should be asked separately) and adjust title to be more idiomatic
Maca
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When do provisional rights arise for a PCT application?

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.

James
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