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3

I agree with chempatent1981's answer on the expiry. I shall therefore focus on the when damages might be due. You have used the term "royalty period". However, as far as I know, that is not really a widely used term. Perhaps a more common description would be the period during which actionable infringement may occur. There are three periods in which "...


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Each government is different on this point. In general, governments claim sovereign immunity against lawsuits. However, many government, including the US, have waived sovereignty as to certain issues, including patent infringement. In the US, the particular statute on point is 28 U.S.C. § 1498. That statute provides that a patentee can sue the United ...


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Probably not, but it depends. Most employers have a written agreement with their employees that assigns the ownership of inventions developed during employment to the employer. This means the inventor is not entitled to any payment or royalties. (Though some companies offer financial and/or other incentives.) In the absence of a written agreement, it comes ...


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I think you are asking what kind of patent application do you need. The full name of a provisional patent application is a provisional utility application. Besides utility patents there are design patents that protect the appearance of a product, not the function. "Patent Pending" means there is some patent application of some type on file. It can take ...


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A partial answer. Infringement is covered in 35 USC § 271 - Infringement of patent. If the product shipped in 2001 it might or might not be qualified as prior art to the 2002 patent application. If the 2000 priority filing was complete enough it would predate the 2001 shipment and therefore that shipment would not be prior art. The burden would be on the ...


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a. The US filing date is the PCT filing date. You can find this stated clearly in this useful web page http://www.bpmlegal.com/howtoterm.html (1st asterisk). 20 year life time starts from the filing date, so the clock starts ticking at 31.12.2017. b. You have not specified if you are using the US filing as a priority or as normal US filing. You have two ...


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B will invalidate A's patent with the indian patent as prior art because a priority claim can be made only for 12 months so the US application can't claim priority to the indian application and therefore has 2005 as the filing date. B could also invalidate A's patent by proving that they had the product in public use prior to the filing date of the patent. ...


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As a preamble, the three basic requirements for a claimed invention is that it must be novel, non-obvious and useful in order to receive a patent. These three requirements can be applied to your two scenarios to provide an answer. Do I have any grounds to get a patent for my invention [that has the same elements, processes and functionality]? No. Every ...


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No, your invention is not patentable because what you do is already known. It does not matter that you repackage known functionality into a dedicated device.


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Will I then be eligible for infringement damage, after 31-Dec-2019 for the infringement made on April-01-2018? No. Provisional rights only apply to acts that occur after publication (30 May 2018 in your example — assuming the requirements for provisional rights have been satisfied). However, the act you mentioned occured on 1 Apr 2018. This is before ...


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Recipes can not be patented, and the form of Intellectual Property protection covered by this area is 'trade secrets'. Read about Trade Secrets through the United States Patent and Trademark Office (USPTO) website. Many foods are protected by Trade Secrets, for example, Coca-Cola. If a trade secret holder fails to maintain secrecy or if the information ...


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No. Ownership is largely independent of inventorship, as patents can be sold, traded, and gifted just like any other form of property.


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