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Patent term -- skip to the end for a link to download a term calculator from the USPTO.-- At the Uruguay round of GATT in 1994 the U. S. agreed to change the term of utility and plant applications from 17 years from grant to 20 years from filing. This took effect for applications filed on or after June 8, 1995 However it is more complicated than that. ...


8

Let us consider a sample patent family lifecycle, beginning in 2009. 1 Jan 2009: Provisional application PROV1 is filed. A provisional doesn't really have a term, since it never becomes a patent. However, after 12 months it is no longer useful for claiming priority/benefit. We can therefore say it expires after 12 months (on 1 Jan 2010). PROV1 therefore (...


8

Two or three issues involved with this. A patent that expired due to non-payment of maintance fee can be revived by petition as either unintentional or unavoidable. Unintentional has a two-year limit and unavoidable is very hard to establish. Only the patent owner can file these, not just anyone who comes along. Even if revived there are intervening rights (...


6

You can find the patent status and validity on the USPTO Public Pair site. Enter the patent number (without the US, or B2). The "Patent Term Adjustments" tab shows the applicable dates, in this case: Filing or 371(c) Date: 08-11-2004 Issue Date of Patent: 06-06-2006 and also Total PTA Adjustments: 162 As this is an "old" ...


4

Is this always true? No. While the basic rule is that a US patent has a term of 20 years from its filing date (assuming all the renewal fees were paid), there are (at least) two ways in which the term of a US patent could be longer than this. The first is by patent term adjustment under 35 USC § 154(b) due to delays by the USPTO. The calculation of this ...


4

The term of a patent is 20 years from the filing date. The legal status of the patent will be "expired" in the case of a patent filed in 1991,. This is because the term of the patent has been more than 20 years. Further, once a patent is granted, it is must for a patentee to pay the prescribed renewal fees to keep the patent in force until the completion of ...


4

The short answer is that it is expired for failure to pay a maintenance fee. The long answer is that Google makes a estimated expiration (their Adjusted expiration) when an application grants to a Patent. This patent grant issued in 2010 (and that's when the Adjusted expiration would have been auto-generated) but then the Applicant did not pay the 7.5 year ...


3

The patent application was filed on June 7, 1995 and issued on April 8, 1997. US patents issuing from patent applications filed on or after June 8, 1995 have a term of 20 years from the earliest non-provisional patent application priority date. US patents issuing from patent applications filed prior to June 8, 1995 have a term equal to the greater of 17 ...


2

It is important to remember that a patent does not give anybody the right to do what the patent covers. For example, if I had a patent on a more effective delivery system for MDMA or LSD, having a patent doesn't change the fact that those drugs are considered Schedule 1 and illegal under almost every circumstance -- meaning that my delivery system couldn't ...


2

If you're sure that the patent has really expired, then the specific invention in the patent is no longer patent-protected, so the patent holder can't sue over it. However, make sure of this, because figuring out when a patent has really expired can be complicated. Additionally, keep in mind that patents can overlap, which means that even if that one ...


2

Copyright is not applicable, so I am assuming you mean "enforceable". The patent in question has a Filing Date of May 20, 1959, a grant date of April 25, 1961, and is a continuation from an application with a Priority Date of May 2, 1957. The patent, and its claims and subject matter have been in the Public Domain since April 25, 1978.


2

This patent has expired. There's no record because the USPTO doesn't change expired patents' statuses, but it definitely is. Since it was before 1995, it would either have expired after 17 or 20 years, and you're fine in either case.


2

There is no patent protecting the process of putting hardware in another company's case and selling it, but you will almost certainly be violating someone's trademark. Trade dress is a legal term for the visual appearance of a product or packaging that conveys the source of the product itself. You are putting (for example) Raspberry Pi hardware inside the ...


2

This patent has been expired since 1927, and since then it has been freely available for anyone to manufacture and sell. If by "claim", you mean a patent model (miniature model of the invention), those were only required until 1880, so there is no actual physical device stored anywhere, just the paperwork (if the originals still exist). The scanned PDF on ...


2

The patent has already expired since it is more than 20 years. And once a patent term has ended it is not renewable. But just because a patent has expired doesn't mean it is already a public domain. Search if the owner has filed a continuation or improvement patent similar to the expired one. This is mostly done by inventors to extend their exclusive rights ...


2

Child applications / patents are separate issues. They do not share procedures. So the answer is simply: It doesn't matter if the parent expired, lapsedor got invalidated.


2

There is no extra year in this case. The relevant law is - 35 U.S.C. 154 Contents and term of patent; provisional rights. (a) IN GENERAL.— (2) TERM.—Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the ...


1

This patent likely expired on June 3, 2008, according to the USPTO patent term calculator. You can calculate patent term using the USPTO's patent term calculator available at: https://www.uspto.gov/patent/laws-and-regulations/patent-term-calculator#heading-1 There are foreign counterparts that may still be in force as I didn't look at them, damages for ...


1

For applications file prior to June 8th, 1995, the patent term is either 17 years from the issue date or 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications), the longer term applying. So this is either April 2, 2013 (17 years) or May 15, 2014 (20 years). Since ...


1

Since the patent was filed prior to June 8, 1995, it should receive the maximum of either 20 years from the filing date May 20, 1992 or 17 years from grant date Mar 23, 1993. Based on this, it should have expired on May 20, 2012. In general, for all patents filed after June 7, 1995, it is 20 years from the filing date. However, there may be term extensions ...


1

Yes, that is correct. This patent expired on August 22, 2015. The earliest document in the claims of domestic benefit is Serial Number 518,020, with a filing date of August 22, 1995: Continuation of Ser. No. 822,141, Mar. 17, 1997, Pat. No. 5,766,308, which is a continuation of Ser. No. 518,020, Aug. 22, 1995, Pat. No. 5,611,845.


1

No, US 6,608,366 B1 and the continuation patent US 7,183,630 B1 (from the same application) are not in the public domain. I double-checked the Public Pair records to verify. Both of these patents are enforceable until April 15, 2022. Please also refer to a related question describing how to calculate patent expiration dates.


1

If you look at the "Fee Status", you will see that it is "Lapsed". This means that the patent is no longer enforceable. The reason for this is found at the bottom of the Google Patents page, in the Legal Events section: Jan 22, 2004 FPAY Fee payment Year of fee payment: 4 May 28, 2008 FPAY Fee payment ...


1

Yes, the patent was granted. It expired on March 10, 2009. It was subject to the pre-June 8, 1995 rules, which means that its term is at least 17 years after its issue date.


1

Everything you are looking for is in Section 2701. Any prior application the grant is based on, whether it was a continuation, divisional, or continuation-in-part is taken into account for the priority date. No term adjustments or extensions are allowed on grants from applications filed prior to June 8, 1995. The only other bit of information you should look ...


1

The patent was filed on June 14, 2001, which normally means (because it was filed after June 8, 1995), that the patent is enforceable to 20 years from the filing date, which is June 14, 2021. However, in the Cross References section you will find the following note: This application is a divisional of US. application Ser. No. 09/082,396, filed May 20, ...


1

In most cases Patent expiry does not mean that things will get cheaper. Owner of IP doesnot reduce the price on its own it happens due to market pressure via competitor. if more number of players comes with same product at cheaper price then owner decides for lowering the price. On separate note if patent lasts for its term that means patent was indeed ...


1

According European Patent convention expiry of European patent if it is not withdrawn, abandoned, revoked or lapsed is 20 year from filing date; it can be extended by contracting state; Article 63[ 53 ] Term of the European patent Art. 2 (1) The term of the European patent shall be 20 years from the date of filing of the application.  (2) Nothing in the ...


1

Your Query contains Two Issues:- 1. Can Any person revive Patent after not paying Maintenance fees? YES but in certain circumstances and not after 2 years. For more information see Failure to pay maintenance fees MPEP2590 Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent II. UNINTENTIONAL DELAY ...


1

Patents do not infringe patents. To infringe a patent someone needs to actually make, sell, use or import something that falls under the wording of a claim in a patent that was issued by the country the making, selling, using or importing occurs. If you do not have a German patent then, by definition, no actions in Germany can be an infringement on your ...


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