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Topic: Product patents (Read 2792 times) |
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Rahul Vartak
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Dear Arthur and Cicy,
I presume both of you agree about the selection patent.
The second patent can be granted in the light of the first one.
But If I have to use the second invention ( specific hydrate ) of the API , in my formulation, will the first patent hold for product patent term or the second patent hold for product patent term?
i.e does the generic patent hold for the patent protection of the drug or the selection patent?
I agree that the selection patent is valid, but If I have to use the invention of the second patent , can I use it for 20 years from the first patent (generic patent)or 20 years from the second patent(selection patent),presuming I have filed both patents with a difference of 10 years in filing.
Presume both are US patents.
Rahul Vartak.
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cicy
Newbie
Posts: 14
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Re: Product patents
« Reply #11 on: May 10th, 2004, 4:40am » |
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Dear Vartak,
First of all, both of the first and second patents hold for the patent protection.
Secondly, regarding the selection invention, you can use it for 20 years from the application date of the selection invention, i.e., the second invention, not the first invention.
Best regards,
Cicy
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Jermaine Coivck
Guest
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Hello, I need some help. I would like to know if anyone can help provide me with some information on patenting. I would like to know how much it would cost (Canadian) to patent an idea. Also, what is the process in doing so. This is very important to me , since it is an upcomming project, with a due date quickly approaching.  The quicker the responce the better Thank you!
Please e-mail me at jec_101@hotmail.com
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M. Arthur Auslander
Full Member
I love YaBB 1G - SP1!
Posts: 541
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Re: Product patents
« Reply #13 on: May 11th, 2004, 5:57am » |
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Dear cicy,
Yes.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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M. Arthur Auslander
Full Member
I love YaBB 1G - SP1!
Posts: 541
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Re: Product patents
« Reply #14 on: May 11th, 2004, 6:00am » |
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Dear Vartak,
Yes.
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IP Logged |
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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