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Hardware marked "Patented" and "Pat. Pending" Printed circuit board by Logitech with inscription "Patents pending" "Patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
Lost profits are determined by a "but for" analysis (e.g. "My client would have made X dollars in profit but for the infringement of the client's patent.") If an infringer is found to have deliberately infringed a patent (i.e., "willful" infringement), then "enhanced" damages can be awarded of up to three times the damages found or assessed.
A patent does not give a right to make or use or sell an invention. [1] Rather, a patent provides, from a legal standpoint, the right to exclude others [1] from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date [4] subject to the payment of ...
the ability to use the term "patent pending", which can only be legally used when a patent application has been filed, and which may have significant marketing advantages. [12] As of May 6, 2021, the USPTO small-entity filing fee is $150 for provisional patent applications having 100 or fewer pages of specification and drawings. [3]
For the purpose of calculating damages in a patent infringement action, the infringing "article of manufacture" may be defined as either an end product sold to a consumer or as a component of that product. 35 U.S.C. §289: The relevant text of the Patent Act encompasses both an end product sold to a consumer as well as a component of that product.
See also Exhaustion of intellectual property rights for a general introduction not limited to U.S. law.. The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
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