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Statute of Limitations on Patent Infringement

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JRayfield

Junior Member
What is the name of your state (only U.S. law)?

Missouri

My father was issued a patent in 1979. He manufactured and marketed a product based on this patent for several years.

It just came to my attention that a very large heating/air conditioning manufacturer was awarded a patent in 1994 that claims the exact same functionality that part of my father's patent claims.

Assuming, at this point, that this second patent could be declared 'invalid', due to the prior existance of my father's patent, would my father be in any legal position to take action against this large manufacturer now, since his patent expired in 1999? Or is it too late to do anything about this, since it's been about 11 years since my father's patent expired?

John
 


FlyingRon

Senior Member
The issuance of the competing patent does not in itself constitute infringement. If they actually used the claimed invention while your father's patent was still in force it would be. However, the statute of limitations for bringing such claims is six years, so it would seem he has waited too long.
 

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