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Author Topic: successor in interest  (Read 1719 times)

rickr

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successor in interest
« on: 02-25-05 at 06:28 am »

Good morning:

Company A is successor in interest to a method patent with clear assignments of past rights (meaning the appropriate assignment language is in place). In viewing the files from the predecessor owner, Company A finds correspondence from the predecessor's counsel that constitutes constructive notice to a Governmental Body that typically contracts work scope that is presumably covered under the patent. The constructive notice was sent upon the filing of the provisional patent when the art was first demonstrated. The provisional was converted to a regular patent application in the required time frame with a patent ultimately issued. The question is does company A retain the rights of the original constructive notice or must constructive notice of potential infringement come from the current owner -Company A? (note: the constructive notice was well crafted in form) Thanks Rick
« Last Edit: 02-25-05 at 06:37 am by rickr »
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