I am curious about this patent having an active application with WIPO, but expired with the US. Although I believe this patent is non-novel and infringes upon previous patents, is this patent enforceable in the US? Reading through other posts, apparently this is merely an application with WIPO, but it hasn't been granted yet (and it appears well past the 12 months mentioned). If it was granted, would the WIPO expiration be 2022-07-16 or 2023-07-16?

Thank you for the clarification!


1 Answer 1


The WIPO does not grant patents, it only serves a mechanism for applications to be filed. As a comment says, only a granted, non-expired U.S. patent is enforceable in the U.S. The U.S. case is an abandoned application, not expired. Abandoned patents can be revived but it would be very unlikely at this late date.

The WIPO PCT application is no longer "active". Any local extensions of a PCT application into something that could ever issue anywhere would have needed to enter the national stage long ago.

It looks like it was granted in AU

2003248072 : Method of constructing caffeineless coffee plant by genetic recombination Bibliographic data Specification/e-Register Lifecycle details

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Granting date 2008-05-22 Granted published date 2008-06-05

A comment on the wording in the question - patents (or patent applications) do not infringe other patents, products or actual actions are what can infringe a patent.

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