Re: Re: Patent Term

Subject: Re: 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, : It's all in 35USC. : If you filed before the date of the new law you get 17, after 20 years from the date of filing. There are exceptions where there are delays in prosecution. : 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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