Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: US Patent with priority date of 2005 has filing date of 2017?  (Read 2018 times)

jeff.oneill

  • Junior Member
  • **
  • Posts: 33
    • View Profile
    • Patent Bots
    • Email

I came across 9,604,242 today and am very confused by relevant dates.

On PAIR, it has a "Filing or 371 (c) Date" of Jan 3, 2017 even though it claims priority back to 2005!

Here is my understanding of the history:
  • 2005 -- EP provisional
  • 2006 -- EP non-provisional
  • 2008 -- enters US
  • 2011 -- US publication
  • Mar 28, 2017 -- Issues

It has a patent term extension of nearly 6 years, but that shouldn't change the filing date.

Is this just an error by the PTO or is there a rational explanation for this?
Logged
www.patentbots.com
Patent proofreading and examiner statistics

fewyearsin

  • Senior Member
  • ****
  • Posts: 389
    • View Profile

June 23, 2006 is what the actual front page of the patent says.

Which data source is giving you that date?

I see in PAIR that they had trouble getting one of the inventors to sign a Declaration.  Which means that all the PCT requirements weren't met.  So this is a unique case, and somewhere, something could have easily been mis-entered or not corrected.
Logged
This comment: does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts from the author, not a well-researched treatise.  Seek out the advice of a competent patent attorney for answers to specific questions you may have.

jeff.oneill

  • Junior Member
  • **
  • Posts: 33
    • View Profile
    • Patent Bots
    • Email

The date is in PAIR in the "Application Data" tab.

You can see 7 other cases like this here:
pairbulkdata.uspto.gov/#/search?fq=appFilingDate%3A%5B2017-1-1T00%3A00%3A00Z%20TO%202017-12-19T23%3A59%3A59Z%5D%2BappEarlyPubDate%3A%5B2000-1-1T00%3A00%3A00Z%20TO%202015-1-1T23%3A59%3A59Z%5D&q=*%3A*&sort=applId%20asc

Each of these has a 2017 filing date in PAIR but a publication date in 2014 or earlier.

I feel like this must be PTO error but I wanted to make sure that I haven't missed something in my understanding of filing dates for cases that are originally filed in other countries and then enter the US.
Logged
www.patentbots.com
Patent proofreading and examiner statistics

jeff.oneill

  • Junior Member
  • **
  • Posts: 33
    • View Profile
    • Patent Bots
    • Email

You'll need to add https before the link in my previous post.  I had to modify it because I'm not allowed to include links yet.
Logged
www.patentbots.com
Patent proofreading and examiner statistics

Tobmapsatonmi

  • Lead Member
  • *****
  • Posts: 997
    • View Profile

From what I've seen of PAIR, where it lists "Filing or 371 (c) Date", it tends to default to the 371 date, not the actual application date. 

As fewyearsin mentions, the fulfillment of the 371 requirements can be significantly delayed.  In the first case you list, they had deficiencies in the drawings and had trouble locating an inventor to get a declaration.  They actually got the notice of allowance before they tracked him down and finally got him to sign the dec.  Once the dec and corrected drawings were entered, they finally got their 371-c date.

The second one on your list (app no 13/637481) was actually allowed several times but they needed an inventor to sign and ended up paying the issue fee without him, then petitioned to withdraw from issue (citing a need to file IDS-RCE), got another notice of allowance but still didn't have the inventor's sig on the dec, tried a substitute statement but that didn't work because the priority filing was before the new rules were effected, filed petition to accept the app without signature (inventor apparently deceased by this time), got the petition refused, filed new petion, refused, finally got a petition accepted in April 2017.

The confusing thing to me is that they got it issued in May 2017 on the basis of the 2nd time the issue fee was paid, in 2015, but in skimming the thing I didn't see that the app was suspended or anything like that, and the 2015 notice of allowance only gave them 2 months (plus up to 2 more on extension) to get the stuff together.

Anyway, I suspect that the rest of your list will have similar explanation for the delay between actual filing date and perfection of the 371(c) requirements.

An outstanding question, I suppose, is why PAIR lists the 371 perfection date but the face of the patents (the first 2 I checked, anyway) list for the date of the 371(c) some date other than when they perfected 371 requirements.
Logged
Any/all disclaimers you see on this forum used by members more experienced and/or smarter than I, are hereby incorporated by reference as if fully set forth herein.

I'm doing well as of 08-09-18 @ 18:38 hours, and regret only not getting that 1000th post. Hope all are doing well indeed! Thanks!

jeff.oneill

  • Junior Member
  • **
  • Posts: 33
    • View Profile
    • Patent Bots
    • Email

Thanks for the clear explanations.

Seems that PAIR should list both the filing date and the 371 perfection date.

Logged
www.patentbots.com
Patent proofreading and examiner statistics
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.09 seconds with 20 queries.