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Q140. Monetary Recovery Before the Issuance of the Patent

Q140. Monetary Recovery Before the Issuance of the Patent
 Can a patentee seek monetary recovery for an infringer’s act carried out before the issuance of the patent?

A140. Yes. Once a patent is granted, a patentee can demand compensation for an infringer’s act carried out before the issuance of the patent if the patentee provided a given warning with documents stating the contents of the claimed invention after the laid-open publication of the application. If an infringer knowingly infringed the claimed invention after the laid-open publication of the application, a patentee can demand compensation without a given warning. The amount of compensation shall be equivalent to the amount of a royalty the patentee would have been entitled to receive for the claimed invention.