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Re: Patent Term

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Posted by M. Arthur Auslander on October 04, 2000 at 06:04:06:

In Reply to: Patent Term posted by John Kinton on October 03, 2000 at 12:11:55:

: What is the term of a patent issued prior to June 8,
: 1995?

: Currently 35 USC 154 (a)(2) says the the term is 20
: years from the filing date.

: As I recall, patents filed before June 8, 1995, but not
: issed until later were given the longer of 17 years
: from issue or 20 years from filing.

: I also recall that patents issued before June 8, 1995
: had a term of 17 years from date of issue.

: What authortity defines the term?

: Any help is appreciated.

: Thanks,

: John

Dear John,

The authority comes from the statute, 35 USC. You can Click on the Patent Page of this Forum and get right to the statute.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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Subject: Re: Re: Patent Term

Comments:
: : What is the term of a patent issued prior to June 8, : : 1995? : : Currently 35 USC 154 (a)(2) says the the term is 20 : : years from the filing date. : : As I recall, patents filed before June 8, 1995, but not : : issed until later were given the longer of 17 years : : from issue or 20 years from filing. : : I also recall that patents issued before June 8, 1995 : : had a term of 17 years from date of issue. : : What authortity defines the term? : : Any help is appreciated. : : Thanks, : : John : Dear John, : The authority comes from the statute, 35 USC. You can Click on the Patent Page of this Forum and get right to the statute. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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