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Author Topic: I'm totally missing something here FP '96- Exps on 2025  (Read 241 times)

dab2d

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I assume it has to do with the change back in the 90s of the patent term.... but I still do not understand how there is a priority to a 1996 application filed in GB when the 371 date is 1-25-2005. The case is a 371 of a PCT filed on 12/4/97.

If I use the patent term calculator unless I am using it wrong, it states the patent lives until 2025. That is almost 30 years of coverage.

I thought I was totally using it wrong, however, the maintenance windows are proper at the USPTO.

Any help understanding what is going on here is greatly appreciated.


http://www.freepatentsonline.com/7509978.html
 

« Last Edit: 08-02-17 at 05:11 pm by dab2d »
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Toot Aps Esroh

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Re: I'm totally missing something here FP '96- Exps on 2025
« Reply #1 on: 08-02-17 at 06:25 pm »

Don't use the 371 date to calculate term on a US-PCT.  Use the PCT filing date (1997).

In this case, a quick look in PAIR also explains the very late 371 date.  They screwed up and missed the US national date due to confusion among varying divisions as to where the case should be filed, told a long, sad sob story about why they missed it, sat in petitions for a while with a few petitions dismissed, then finally got one granted and proceeded in the US.

For what it's worth, I don't think I would have granted the petition.
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dab2d

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Re: I'm totally missing something here FP '96- Exps on 2025
« Reply #2 on: 08-03-17 at 09:59 am »

Thank you....
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