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Topic: Patent originating from PCT (Read 1200 times) |
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shoosh
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hello all,
I am new here..
I have a question re patent originating from PCT:
In case a PCT was filed on 1.1.2001
Priority date 1.1.2000 filed in the US
How do I calculate the expiration date of a US patent originating from the PCT? 20 years from filing or 20 years from the priority?
Does anyone knows anything abote the rest of the world (same question re EP, CA originating from the PCT)?
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MattB
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Posts: 127
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Re: Patent originating from PCT
« Reply #1 on: Sep 11th, 2007, 11:56am » |
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I'm pretty sure it is 20 years from earliest claimed priority date...so January 1, 2020.
As to other countries, it should vary in each country as they each grant different patent terms(?).
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Matthew L. Bycer
Registered Patent Attorney
http://www.bycer.com
http://www.cvglaw.com
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JimIvey
Moderator
Senior Member
Posts: 2584
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Re: Patent originating from PCT
« Reply #2 on: Sep 11th, 2007, 2:19pm » |
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My understanding of US law is that the term is 20 years from the earliest real US application whose priority is claimed -- i.e., 1.1.2000 -> 1.1.2020 in this case. I believe it's analogous everywhere else -- 20 years from the earliest application whose priority is claimed, excluding foreign priority under the Paris Convention. If there are exceptions, I'm not aware of any.
Think of a US provisional application as a dummy priority document for claiming priority under the Paris Convention (which is really what it is). Plugging that into the general rule stated above, priority of a provisional application does not count against your 20-year term.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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MattB
Full Member
Posts: 127
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Re: Patent originating from PCT
« Reply #3 on: Sep 17th, 2007, 12:20pm » |
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Thank you Jim for your comments.
One question, as you lay it out, a patent term will only be limited by the time from the first US filing.
Does this mean that a foreign patent that goes PCT and designates the US will only begin to run its term at the national stage election of the US?
I'm pretty sure the date runs from the first claimed priority date. Please advise.
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Matthew L. Bycer
Registered Patent Attorney
http://www.bycer.com
http://www.cvglaw.com
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Bill Richards
Full Member
Posts: 758
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Re: Patent originating from PCT
« Reply #4 on: Oct 4th, 2007, 8:30pm » |
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Check 35 USC 154(a)(2).
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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