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   Patent expiration - CIP
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   Author  Topic: Patent expiration - CIP  (Read 1852 times)
radarpat
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Posts: 2
Patent expiration - CIP
« on: Dec 26th, 2007, 2:13pm »
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If a patent is a continuation-in-part of an earlier filed application, does the patent expire 20 years after its own filing date, or 20 years after the filing date of the earlier filed application?
 
If it is 20 years after the filing date of the earlier filed application, and the patent is a CIP of TWO earlier filed applications, then does the patent expire 20 years after the filign date of the EARLIEST filed application?
 
Here is my situation:
 
Patent has June 2004 filing date.  It is a CIP of an application filed October 2002 and it is ALSO a CIP of an application filed May 2001.
 
Does it expire in 2024, 2022 or 2021?
IP Logged
Isaac
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Posts: 3472
Re: Patent expiration - CIP
« Reply #1 on: Dec 26th, 2007, 4:03pm »
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on Dec 26th, 2007, 2:13pm, radarpat wrote:
If a patent is a continuation-in-part of an earlier filed application, does the patent expire 20 years after its own filing date, or 20 years after the filing date of the earlier filed application?

 
20 years after the earlier filed application.  Assuming that the dates aren't earlier than 1995.
 
Quote:
If it is 20 years after the filing date of the earlier filed application, and the patent is a CIP of TWO earlier filed applications, then does the patent expire 20 years after the filign date of the EARLIEST filed application?

 
The earliest.  Again there is a different rule for 1995 and earlier.   These answers also don't include the effect of any patent term extension or terminal disclaimer that might apply.
IP Logged

Isaac
biopico
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Posts: 434
Re: Patent expiration - CIP
« Reply #2 on: Dec 26th, 2007, 5:46pm »
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For those patents issued but,  filed before June 8, 1995: 17 yrs (from issue) or 20 yrs (from the earliest US filing date), whichever is longer.
 
For those patents issued but, filed on or after June 8, 1995: 20 years from the earliest US filing date.
 
For example, for DIV, Con, and CIP filed after June 7, 1995, its term (20 yrs) will be measured from the US filing date of the parent app or any earlier grandparent filing date.
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Registered Patent Agent Specializing in All Areas of Biotechnology
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