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Author Topic: Patent Status and Expiration date in foreign countries  (Read 466 times)

examiner_bio

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I am interested in determining the patent status and expiration dates of several patent applications in the following countries: Japan, China, Canada, Europe, Hong Kong, Korea, New Zealand, Australia and India. 

For status information (pending or patented), I plan to look on global dossier and if needed, go to country specific websites.  Fo the expiration date, I assume it would be 20 years from the earliest priority document (assuming a non-provisional application if itís a US application).... can someone confirm or quickly rebut these assumptions?  I have to look at 355 applications before Monday 12 noon.  Thanks!
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Tobmapsatonmi

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Re: Patent Status and Expiration date in foreign countries
« Reply #1 on: 10-28-17 at 10:01 pm »

Generally 20+ filing works.  But it depends on date of original filing and when the individual countries have conformed to the 20+ filing regime.

For example, I have cases originally filed in 1994 which still have many years left in Brazil, Argentina, Chile, Colombia, Malaysia, and Philippines because they grandfathered older filed cases under their "X years post grant" scheme even after they accepted the "20 from filing" regime.

For those you have listed, I don't know of any oddities, except to note that both Canada and India if filed earlier than about 1986 and taking a long time to grant, may still be under those countries' older "grant year plus X" regime.

Edit to add: Also I think anything filed in Japan pre-1994 took advantage of their old "X years post grant" scheme no matter how much later than 1994 it took to grant.
« Last Edit: 10-28-17 at 10:04 pm by Tobmapsatonmi »
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examiner_bio

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Re: Patent Status and Expiration date in foreign countries
« Reply #2 on: 10-29-17 at 08:33 pm »

Thank you!  They all have a filing date of at least 2005 or so.  I appreciate the feedback.
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bartmans

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Re: Patent Status and Expiration date in foreign countries
« Reply #3 on: 10-30-17 at 05:37 am »

Since you call yourself 'bio', I assume that it could be that the products protected by the patents are pharmaceutical products that have obtained a market authorization. In that case, th eprotection for those products under the patents could be extended. In Europe, this extension is known as 'SPC' (special protection certificate).
Further for Europe, both the expiry of the patent (and/or the presence of an SPC) should be considered at a national level of any of the countries that have been designated. It can easily be that the granted European patent is still valid in the UK, while it has lapsed (by not paying the annuity fees) in other countries.
The Europea register (especially the part of it that is called 'Federated European register') will already give you a reasonable overview, but if you want to be 100% sure on the status, you should consult each and every register of all the EPC countries.
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Tobmapsatonmi

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Re: Patent Status and Expiration date in foreign countries
« Reply #4 on: 10-30-17 at 10:12 am »

Thanks Bart - appears I've got a bit of a blind spot when it comes to SPC/FDA extensions.   :)
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