Legal Definitions - post-issue activity

In the context of patents, post-issue activity refers to any actions taken concerning an invention after a patent for that invention has been officially granted (or "issued") and while the patent remains legally in effect. These activities can include manufacturing, distributing, offering for sale, or using the patented invention or process. Such activities are particularly significant when they are performed without the patent holder's permission, as they may constitute patent infringement.

Here are some examples illustrating post-issue activity:

• Example 1: Unauthorized Manufacturing and Distribution

  Imagine a small electronics firm secures a patent for a novel, energy-efficient charging port design for mobile devices. Six months after the patent is officially granted, a larger competitor begins manufacturing and distributing smartphones that incorporate this exact patented charging port design, without obtaining any license or permission from the patent holder.

  Explanation: The competitor's actions of manufacturing and distributing devices that feature the patented design occur *after* the patent was issued and *during* its active term. These unauthorized actions are considered "post-issue activities" and would likely lead to a claim of patent infringement by the original patent holder.

• Example 2: Unauthorized Implementation of a Patented Process

  A chemical company obtains a patent for a unique, environmentally friendly process to synthesize a particular industrial solvent. A year later, a rival chemical plant starts using this precise patented process in its own manufacturing operations to produce the same solvent, without any agreement or license from the patent-holding company.

  Explanation: The rival plant's adoption and use of the patented chemical synthesis process, occurring after the patent was issued and without permission, clearly falls under the definition of "post-issue activity." This unauthorized use could lead to a lawsuit for patent infringement.

• Example 3: Unauthorized Offering for Sale and Importation

  An inventor receives a patent for an innovative, self-adjusting mechanism used in office chairs. Shortly after the patent is issued, an overseas manufacturer begins advertising and importing office chairs into the domestic market that feature this identical self-adjusting mechanism, without any license or consent from the inventor.

  Explanation: The overseas manufacturer's activities of advertising and importing chairs containing the patented mechanism, performed after the patent was granted and without the inventor's authorization, are considered "post-issue activities." These actions could infringe upon the inventor's patent rights, even if the manufacturing occurred abroad.