Provisional Patent Rights

In the United States, provisional patent rights provide a patent owner with remedies against persons who infringe a patent prior to the patent being granted by the United States Patent and Trademark Office.  The patent owner is entitle to a reasonable royalty from an infringer during the period beginning on the date of patent publication and ending on the date the patent is issued.  The invention claimed in the published patent application must be substantially similar to the invention claimed in the granted patent, and the infringer must have had actual notice of the published patent application.  The action to obtain a reasonable royalty from provisional patent rights must be brought not later than six years after the patent is issued.

 

See also:

Patent

Patent Application

Patent Infringement

 

Related links:

Useful Links – U.S. Patent and Trademark Office

Filed under the Intellectual Property Law category.

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