Licensing fees

[mtnester]

What is the name of your state? South carolina

Was contemplating purchasing an existing patent. I know that the patent is being infringed upon for the last 3-4 yrs. Patent holder never attempted to do licensing fees to those infringers and never notified them of their infringement.
If after I purchase this patent and notify the infringers are they subject to infringement fees starting from when they have been notified or back to day one of their infringement.

Thank You

 

[racer72]

Because the seller of the patent has made no claim, your claim would begin the day you bought the patent.

 

[mtnester]

licensing fees

Thanks Racer for you opinion.
Wonder if he decides to keep the patent can he now go back and collect fees from day one or only from when he notifies the infringers?
Thanks Again

 

[ChicagoLawyer]

He can claim anything he wants. However, due to delay in prosecuting his rights, he may be subject to a laches defense.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship