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Topic: Patent term (Read 3387 times) |
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peterrussell
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Patent term
« on: Oct 1st, 2006, 11:11am » |
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I am trying to work out the remaining term of a patent. It is a continuation in part of a patent filed in 1989 but abandoned, 1990 abandoned again in 91. It was filed again in 92 and granted in 94. Does the 17 years from filing date start from the first time the patent was filed in 89?
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JimIvey
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Posts: 2584
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Re: Patent term
« Reply #1 on: Oct 1st, 2006, 11:19am » |
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Pre-1995 (filing date), the patent would expire 17 years from the date of issue -- unrelated to the filing date. So, it seems like it would expire in 2011.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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peter russell
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Thanks for the answer. But doesn’t the term start from when the first patent was filled in 89?
I read that a patent term pre- 95 had 20 years from the date of filing of an original application.
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JimIvey
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Re: Patent term
« Reply #3 on: Oct 3rd, 2006, 9:02am » |
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Nope. In 1995, it was changed from the previous 17 years from the date of issue to 20 years from the date of first filing in the US, which is what it is now.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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peter russell
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But if it was first filed in 89 and then abandoned several times and refilled in 92, does the 20 year term not start from 89 when the first filling was made? Making it 2009 it expires. Apologies for my lack of understand of the system.
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