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To: chaz who wrote (3264)7/3/1999 1:14:00 AM
From: red jinn  Respond to of 54805
 
chaz; you asked: " if a patent is violated prior to issue date, is there no remedy for the patent holder for that prior period?"

i'm going to check with one of my patent litigators to confirm, but i know you can't sue before the patent issues, which is fair b/c what if the patent never issues. otoh, you put"patent pending" on a product so that you can sue for past infringment done while the infringer was "on notice" of the pending patent and expected patent. if you don't put the notice on the product/method, or whatever though, you can't get 'em for past infringement. ok? best, red jinn