Q&As

Is it possible to claim damages back to the date that a patent application is published (ie before grant)? Does the position on claiming damages change if the infringer is notified of the pending patent?

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Published on LexisPSL on 03/10/2017

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to claim damages back to the date that a patent application is published (ie before grant)? Does the position on claiming damages change if the infringer is notified of the pending patent?

For the purposes of this Q&A there are three important dates. There is the date of filing of the application for the patent, there is the date of the publication of the application for the patent (the publication date) and there is the date of grant.

  1. the date of grant is the date on which the state officially recognises that the patent application is regular and valid and is the date when that decision is published in the government list of notices (called the London Gazette)

  2. the date of filing is t

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