In reference to the patent: US634042
1
-
The title might be a little bit misleading, but this question is also relevant and a better example for explaining priorities. patents.stackexchange.com/questions/17060/…– chempatent1981Feb 23, 2017 at 11:16
Add a comment
|
4 Answers
The filing date of a patent is the date the documents get filed at the respective patent office. So it's exactly what one would think. The patent term is normally 20 years from the date of filing.
A source for confusion is introduced when talking about the priority date.
It is possible to claim priority to an earlier application. That's what's done with provisionals, divisionals, PCT applications ...
This essentially means that one files a second patent after a first patent. The first patent has a first filing date, while the second patent has a second filing date. But the second patent, if it claims priority to the first patent can get the priority date that is the filing date of the first patent. In this case, the priority date is used to asess novelty, inventive step and first-to-file-priority. Still the filing date of the second patent triggers the 20 year patent term, effectively allowing 21 years of protection.
Then there are divisionals and continuations. Those don't exactly claim priority of an earlier patent, they claim the earlier patents filing date, which effectively changes the patent term to less than 20 years from the date of filing the divisional/continuation.
Additionally, to overcome a double patenting objection in the US, one can add a terminal disclaimer, effectively shortening the patent term without changing the filing nor priority date, but having a similar effect.
No difference, in the sense that the priority date IS the filling date.
-
That's not always true.– user18033Dec 24, 2016 at 16:40
-
No, of course ;) But it's quite complex and in this particular case it is the same date anyway, so any other answer would have been confusing without any use. So I opted for the short answer... Dec 26, 2016 at 21:09
-
Well I understood the question as a general one ;). Op saw that it's the same and asked why there would be two dates if they are the same or whats the difference if not– user18033Dec 27, 2016 at 10:19
Are you sure you didn't loose a digit in the patent number? The one you cited dates back to 1898! But to answer your question, there is no difference for this one.
-
Not in this one, but in general?– user18033Jan 24, 2017 at 18:02
-
@DonQuiKong this question screams out for a good answer. Maybe you should provide it!– Eric S ♦Mar 25, 2017 at 13:39
Usually the filing date and the priority date are the same. There are a few exceptions including:
- Continuation patents
- Domestic patents based on foreign or international filings
- Patent filings based on US provisional applications
This website provides more detail.
