Q: My patent is expired, Am I entitled to monetary compensation over the years from others who used it?
Step 1 -- A person can sue for damages for infringement that are within the last six years before the suit was followed (unless some other special rule applies). See https://www.law.cornell.edu/uscode/text/35/286
Step 2 -- US Patent No 5,116,098 expired for failure to pay maintenance fees May 26, 1996 as the first of three maintenance fees were not paid by the 4 year deadline. Per USPTO PAIR system.
Even if you had paid the maintenance fees, the patent would have expired by the later of May 26, 2009 or May 29, 2010 under the transitional rules for patent term. So even if you could undo the problem with paying the issue fee (which may be possible but difficult under the unintentional rules), there would not be anything after February 22, 2012 to sue about.
I hope this helps.
Sorry it is not the answer you were looking for.
Kevin E Flynn
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.