Law360, New York (February 11, 2016, 10:41 AM EST) -- Matthew J. Dowd
In 1999, with the passage of the American Inventor’s Protection Act, 35 U.S.C. § 154(d) was added to provide a patent applicant with the right to collect a reasonable royalty based on infringement occurring during the publication of a patent application. This expansion of recoverable damages, referred to at times as an “extraordinary remedy,” was seen as a compromise, given AIPA’s requirement that almost all U.S. patent applications would be published within 18 months from the filing date.
In the more than 15 years since its introduction, however, provisional rights have rarely been asserted or granted....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!