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Topic: Abandoned patents (Read 16909 times) |
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Isaac
Senior Member
Posts: 3472
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Re: Abandoned patents
« Reply #15 on: Feb 12th, 2007, 8:43am » |
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on Feb 11th, 2007, 2:27pm, Mei10e wrote:| How would you go about acquiring an abandoned patent? Would the patent be reissued in your name? i am very new to this subject |
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If you are referring to a patents for which the owner has not paid the maintenance fees, there is no right to obtain the patent other than from the current owner, and you don't get any extra time to pay the fees beyond which the current owner also gets. That would seem to leave a very limited window for acquiring rights.
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Isaac
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lilbigdog
Newbie
Posts: 3
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Re: Abandoned patents
« Reply #16 on: Mar 27th, 2007, 7:56pm » |
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Thanks very much.
It looks like my idea might be an improvement over the existing patent anyway. Whether the improvement is patentable or not remains to be seen, but it seems pretty "obvious" to me. 
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biopico
Full Member
Posts: 434
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Re: Abandoned patents
« Reply #17 on: Sep 9th, 2007, 2:07pm » |
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on Mar 27th, 2007, 7:56pm, lilbigdog wrote:Thanks very much.
It looks like my idea might be an improvement over the existing patent anyway. Whether the improvement is patentable or not remains to be seen, but it seems pretty "obvious" to me. |
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Well, it should be determined on a case by case. Maybe wisely not obvious or obvious?
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Registered Patent Agent Specializing in All Areas of Biotechnology
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asdf
Guest
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Quote:| Here’s an interesting observation. In the very unlikely event that a patent is granted with all claims based on a priority date of 16 years earlier, no maintenance fee would be required. The patent would simply expire after four years. |
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Wouldn't they be eligible for patent term extension due to the long prosecution?
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