IS YOUR PATENT EXPIRED?
35 U.S. Code § 286 states:
Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.
WHAT DOES THIS MEAN FOR YOUR EXPIRED PATENT?
If your patent has expired, you can still sue for infringement that happened before the patent expired, but you can only get damages for the six years leading up to the date you filed your lawsuit.
Generally, for example, if your patent expired in 2023, and you filed suit, you could sue for infringement that happened in 2017, but you could only get damages for the six years from 2017 to 2023. You could not get damages for the infringement that happened in 2016, because that was more than six years before you filed your lawsuit.
Randomly, Let’s suppose you have a patent that expired in 2021 and a company has been using your patent. You discover the infringement in 2025 and file a lawsuit.
In this case, you would potentially be able to collect damages for infringement acts which occurred between 2019 and 2021 because you lost 4 years of damages by filing suit 4 years after your patent expired (2025), and you will be entitled to 2 years, within the 6 year window.
If your patent has been expired for 6 years or more, you cannot sue for infringement at all!!!
* Furthermore, the longer you wait to file after expiry, years lapse and your potential for recovery is less and…
THE ACTUAL AMOUNT OF DAMAGES YOU CAN RECEIVE UNDER THIS STATUE CAN GO BEYOND FACTORS DISCUSSED HERE, LET OUR LEGAL TEAM WORK FOR YOU!!!!
IRS
EIN# 46-3696352
Texas Secretary of State
Id# 804010500
215 Washington Ave #422B Waco,
TX 76701
www.pathwaypartners.org
Phone : 510-393-2271
Email : [email protected]
