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   patent of addition?
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santel51
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patent of addition?
« on: Sep 26th, 2006, 5:53am »
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What is the timeline for filing patent of addition in India? Please explain with proper reference.
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ram
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Re: patent of addition?
« Reply #1 on: Sep 26th, 2006, 2:17pm »
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Patent of addition in India (called as CIP in United States) can be filed anytime starting from the date of filing of Parent application till the date of expiry of the parent application. However, patent of addition would not be granted before parent application. I am too lazy to search for any references, may be you can look at Sec 54.. of the Patents Act.  
 
B/w, i have a question for US guys - What is the term of patent for CIP applications in US? ( In india, i think it is 20 yrs from the parent filing date - If parent application is revoked/abandoned in the middle, patent of addition will become an independent patent for the rest of the term of parent patent)
 
Regards.
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Isaac
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Re: patent of addition?
« Reply #2 on: Sep 26th, 2006, 3:36pm »
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on Sep 26th, 2006, 2:17pm, ram wrote:
Patent of addition in India (called as CIP in United States) can be filed anytime starting from the date of filing of Parent application till the date of expiry of the parent application. However, patent of addition would not be granted before parent application. I am too lazy to search for any references, may be you can look at Sec 54.. of the Patents Act.  
 
B/w, i have a question for US guys - What is the term of patent for CIP applications in US? ( In india, i think it is 20 yrs from the parent filing date - If parent application is revoked/abandoned in the middle, patent of addition will become an independent patent for the rest of the term of parent patent)
 
Regards.

 
Twenty years from the earliest filing date of any non-provisional from which priority is claimed.  
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Isaac
JimIvey
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  jamesdivey  
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Re: patent of addition?
« Reply #3 on: Sep 26th, 2006, 4:06pm »
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on Sep 26th, 2006, 3:36pm, Isaac wrote:
Twenty years from the earliest filing date of any non-provisional from which priority is claimed.

That's a US non-provisional application, right?  If priority is claimed on a foreign (non-US) application, I believe the 20 years is measured from the US non-provisional filing date.
 
Regards.
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James D. Ivey
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Isaac
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Re: patent of addition?
« Reply #4 on: Sep 26th, 2006, 10:27pm »
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You're correct Jim.
 
On the other hand, the MPEP consistently distinguishes between claiming claiming priority and claiming "foreign priority", so I get to be right too!
« Last Edit: Sep 26th, 2006, 10:27pm by Isaac » IP Logged

Isaac
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