Thursday, September 19, 2013
What Good is "Patent Pending"?
18 month rule. There is one twist: If your RPA is published (which usually occurs 18 months after filing the RPA) and the infringer is made aware of the publication, you can later sue (after the patent is issued) and collect damages for the period starting with the date of notification. In other words, you must write to an infringer and let them know that the patent is published and that you're coming after them once you get your registration.
Non-patent claims. Even though you cannot pursue the infringer under patent law, it's possible that you may have a claim that they copied your trademark or your copyrighted designs, or they used unlawful means to obtain your trade secrets.