Guidance On A Patentee's Provisional Rights

Law360, New York (October 3, 2008, 12:00 AM EDT) -- Two recent district court cases have interpreted certain sections of 35 U.S.C. § 154(d) governing a patentee’s right to a reasonable royalty after publication of a patent application (also known as “provisional rights”). Prior to these cases, few courts had interpreted the liability and damages provisions of 35 U.S.C. § 154(d).

According to Section 154(d), a party applying for a patent may obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application for such patent until...
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