My question

If you have two patents on 100% same product.

One patent is from 2000 and other from 2005. Till which year they are valid. What I understood if product is still 100% same official you can't get new patent. But correction or add extra information to first patent. Seams in this case company extended protection of product for another 5 years what is official not Allowed.

For example this two patents. http://www.freepatentsonline.com/5903803.pdf http://www.freepatentsonline.com/6128454.pdf


US6128454 is a divisional patent from US5903803. Here is a quote from Wikipedia's article on Divisional Patents which explains their use:

Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention. The ability to file divisional applications in cases of lack of unity of invention is required by Article 4G of the Paris Convention.

If you read them carefully you'll see there are differences in the claims. If you look into it, you'll also find that both patents share the same priority date so they will expire at the same time. Thus, the applicant did not gain an additional 5 years of patent protection. I believe at this time both patents have expired.

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