The Federal Circuit has dismissed an appeal regarding a patent that would have expired by the time of its issuance. The dismissal, based on jurisdictional grounds, indicates the inventor lacks standing since any resultant patent would hold no patent term. The case brings attention to the concept of provisional rights under 35 U.S.C. § 154(d), which allows for recovery of royalties from infringers only after a patent is issued, emphasizing that retroactive enforcement of such rights isn't possible until patent issuance occurs.
The Federal Circuit dismissed an appeal for a patent that would have expired, ruling the inventor lacked grounds for standing as the resulting patent would have zero term.
The decision revolves around provisional rights under 35 U.S.C. § 154(d), indicating that a patentee can only enforce provisional rights retroactively once a patent has issued.
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