Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: peterrussell on Oct 1st, 2006, 11:11am)

Title: Patent term
Post by peterrussell on Oct 1st, 2006, 11:11am
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?

Title: Re: Patent term
Post by JimIvey on Oct 1st, 2006, 11:19am
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.

Title: Re: Patent term
Post by peter russell on Oct 2nd, 2006, 1:19pm
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.

Title: Re: Patent term
Post by JimIvey on Oct 3rd, 2006, 9:02am
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.

Title: Re: Patent term
Post by peter russell on Oct 5th, 2006, 11:02am
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.


Title: Re: Patent term
Post by Bill Richards on Oct 5th, 2006, 11:24am
Since it's pre-1995 (by any measure), it expires 17 years from the issue date.  Forget the 20-year term; it doesn't apply to this patent since it's pre-1995.

Title: Re: Patent term
Post by DrRam on Feb 1st, 2007, 5:48am
If i have a US patent product and a large corporation like 3m wants me to license it out to them how can i protect my product from other countries from producing it?  Would i need to get an International patent?  

Thanks


Raphael

Title: Re: Patent term
Post by Bill Richards on Feb 4th, 2007, 11:47am
There is no such thing as an International Patent.  One can protect one's rights in foreign countries, but that takes additional filings.  And, if your patent has already issued in the US, it's likely too late to get foreign protection.
The US patent does, however, protect you from imports.  If you're dealing with a sophisticated company like 3M, I suggest you engage an attorney.



Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board