Lawyers, Answer Questions  & Get Points Log In
Connecticut Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: why when I buy plants are royalties different for the same plant but in a different size?

When my company buys plugs say 72 ct the royalty will be one price, if we buy the same plant in a 32 ct the royalty will be higher in some cases. How can that be?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2019

I think that it depends on what your contract states. It appears that there is a volume discount at play.

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: can i be charged a royalty on a plant with an expired patent ?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2019

No. There are many cases where a contract between the patent owner and the licensee stipulated that the licensee will pay royalties even after the patent expires or is found invalid. In such cases, courts have always ruled that such stipulations are not enforceable, under the theory that such... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: When does a plant patent expire 20 years from application or 17 years from granting?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2019

20 years from the filing date.

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.