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Re: EXTENDING OR RENEWING AN EXISTING PATENT

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Posted by Jack on February 28, 2003 at 03:38:57:

In Reply to: EXTENDING OR RENEWING AN EXISTING PATENT posted by IRA G. SCHNEIDER on February 27, 2003 at 06:42:16:

Generally the answer is NO. However, there is a technique often used by applicant's known as "submarining" ... in this technique, when the applicant receives a Notice of Allowance on the original application, he or she will file a CIP application claiming priority from the original before paying issue fees on the original.

This technique was recently brought to the spotlight by the Lemelson Center and its ongoing efforts to enforce its submarined patent rights. You should not that a Court has ruled that this practice is discouraged and any attempt to do this in order to extend patent rights without any real differences or improvements will result in denial or invalidity of BOTH patents.

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Subject: Re: Re: EXTENDING OR RENEWING AN EXISTING PATENT

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: Generally the answer is NO. However, there is a technique often used by applicant's known as "submarining" ... in this technique, when the applicant receives a Notice of Allowance on the original application, he or she will file a CIP application claiming priority from the original before paying issue fees on the original. : This technique was recently brought to the spotlight by the Lemelson Center and its ongoing efforts to enforce its submarined patent rights. You should not that a Court has ruled that this practice is discouraged and any attempt to do this in order to extend patent rights without any real differences or improvements will result in denial or invalidity of BOTH patents.

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Re: EXTENDING OR RENEWING AN EXISTING PATENT

This is the Old Patent Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Patent Forum. It is no longer operational.
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