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   Author  Topic: Patent expiration  (Read 10989 times)
Patent Type
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Re: Patent expiration
« Reply #15 on: Jun 19th, 2006, 8:14am »
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Does the priority date go all the way back to a nonprovisional that was filed that was abandoned?  I would think so because that was the earliest date that the application was filed.
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Isaac
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Re: Patent expiration
« Reply #16 on: Jun 19th, 2006, 8:37am »
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on Jun 19th, 2006, 8:14am, Patent Type wrote:
Does the priority date go all the way back to a nonprovisional that was filed that was abandoned? †I would think so because that was the earliest date that the application was filed. †

 
Only if the requirements for claiming priority are met, and a claim for priority is made.
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Isaac
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Re: Patent expiration
« Reply #17 on: Jun 19th, 2006, 8:47am »
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"Does the priority date go all the way back to a nonprovisional that was filed that was abandoned?"
 
Regarding US patent applications, so long as the chain of continuity is preserved, the priority date of the first application can be used.  
Example 1:
- Regular (non-provisional) application A filed 2/2/2002
- restriction requirement from PTO on 3/3/2003
- application B filed 4/4/2004
- application A granted as a patent (or for that matter goes abandoned) on 5/5/2005
- application B has the 2/2/2002 priority date
 
Example 2
- provisional application C filed 1/1/2001
- regular application D adds new matter to C and claims priority to C, filed 12/12/2001
- application C goes abandoned 1/1/2002
- regular application E adds additional new matter, E is a continuation-in-part, and claims priority to C and D 2/2/2003
- application D goes abandoned 3/3/2004
- application E has Cís priority date (1/1/2001) for the matter disclosed in C
- application E has Dís priority date (12/12/2001) for the matter first disclosed in D
- application E has itís filing date (2/2/2003) for the matter first disclosed in E
 
Richard Tanzer
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Richard Tanzer
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Re: Patent expiration
« Reply #18 on: Jun 19th, 2006, 8:52am »
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Do you claim priority back to the provisional, as long as the nonprovisional was filed before the provisional expired, or do you not claim priority back to the provisional?  Thanks.
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Bill Richards
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Re: Patent expiration
« Reply #19 on: Jun 19th, 2006, 9:17am »
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Assuming all the necessary conditions are met, you would probably want to claim priority back to the Provisional.  I just add both claims to priority in the appropriate section at the beginning of the Spec.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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