Can A Patent Be Infringed Before It Issues?

One misconception is that patent infringement can only occur during the term of the patent. True, the patent owner must wait until the patent issues before asserting it against infringers, but in some cases the patent owner’s remedies can include monetary damages for infringement occurring before the issue date. This can even occur when the infringing activity ends before the issue date. A recent case demonstrates what the patent owner needs to establish if it seeks this type of remedy.