Implications of Provisional Rights in Patent Applications

Previously, we have discussed provisional rights in patent applications in terms of their legislative and precedential background, the prerequisite of actual notice, the prerequisite of substantially identical claims in the published application and issued patent, and the reasonable royalty obtainable

Posted in litigation, patent infringement, provisional rights, Uncategorized

Reasonable Royalties for Provisional Rights in Patent Applications

The present post discusses the reasonable royalty obtainable as a remedy for the infringement of provisional rights in published patent applications between the period of publication and issuance. The previous posts in this series deal with the background for provisional

Posted in litigation, patent infringement, provisional rights, Uncategorized

Substantially-Identical Requirement for Provisional Rights in Patent Applications

The following post is the third in the series on provisional rights in published patent applications. This post picks up where the second post, which discusses the actual notice requirement, leaves off by discussing the substantially-identical requirement in terms of

Posted in litigation, patent infringement, provisional rights, Uncategorized

Actual Notice and Provisional Rights in Patent Applications

This post continues on from the first post in this series on provisional rights in published patent applications. The first requirement for provisional rights, i.e., actual notice, is discussed in terms of the precedents introduced in the previous post. Actual

Posted in litigation, patent infringement, provisional rights, Uncategorized

Provisional Rights in Published Patent Applications

Having encountered provisional patent rights in the context of patent litigation and considering the state of the relevant case law, I felt such rights would make an interesting series of blog posts, especially since this is an area ripe for

Posted in litigation, patent infringement, provisional rights, Uncategorized

The Growing Importance of Developing a Patent Portfolio in China

Changing realities can take time to be appreciated, especially where previous realities have been well established in the zeitgeist. Intellectual property law in China provides an excellent example of this phenomenon. Not without some justification, the received wisdom developed that

Posted in intellectual property in China, international and foreign patent applications, Uncategorized

Patent Infringement and Standing: Legal Title

The ability to bring a patent infringement lawsuit can be a complicated issue. A potentially related issue is whether another party may be made an involuntary plaintiff to make such a lawsuit possible. Whether a licensee has standing to bring

Posted in licensing, litigation, patent infringement

Selecting an International Search Authority (ISA) for a Patent Cooperation Treaty (PCT) Application: Part II

Selecting an International Search Authority (ISA) for a Patent Cooperation Treaty (PCT) Application: Part II. This post picks up the conversation begun in Part I of this series on selecting an ISA for a PCT application. In the previous post,

Posted in international and foreign patent applications

Selecting an International Search Authority (ISA) for a Patent Cooperation Treaty (PCT) Application: Part I

Filing an international application under the Patent Cooperation Treaty (PCT) carries with it many advantages. Such advantages include the establishment of a filing date within the 147 contracting nations, significantly delaying the large costs associated with national and/or regional filings,

Posted in international and foreign patent applications

Licensing Agreements and Infringement Litigation: Part I

Licensing Agreements and Infringement Litigation (Part I: Standing of Licensee in General). Under a common business model, a company, such as a manufacturer and/or distributor, may license one or more intellectual property assets related to the products that are the

Posted in licensing, litigation
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