8 votes
Accepted

Filing, CIP, Con, PCT, Priority, etc and Expiration Date

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. ...
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  • 7,043
4 votes

How can you renew an expired patent?

A patent has a term of twenty years from the date of its first filing. It should be noted that once these twenty years are over, a patent is no longer in force. However, there are certain scenarios ...
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3 votes
Accepted

Is it possible to quickly kill existing patents?

Check the unpatent.co website. It's a platform for crowdfunding of campaigns against malicious patents. Also check Unified Patents.
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  • 390
3 votes
Accepted

Timelines for patenting

How long does it take to patent a product and how do I start the process? It all depends on the quality of invention and number of examination reports issued for said patent application. Europe The ...
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  • 2,125
3 votes

What if the inventor of the idea is dead?

If the patent was issued in the mid 1900's, then the patent is long expired. No one can "take over" the patent because the patent information is now in the public domain and free for everyone to use.
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  • 428
3 votes

patent life of a PCT application and royality thereof

I agree with chempatent1981's answer on the expiry. I shall therefore focus on the when damages might be due. You have used the term "royalty period". However, as far as I know, that is not really a ...
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  • 7,043
3 votes
Accepted

What happens if you improve/alter your invention after it has been successfully patented?

It doesn't matter for the old patent. Improvements not described are not protected (unless encompassed in the old claims if they are broad). You can file a new application and the old one would be ...
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  • 5,827
3 votes

EPO Continuation Application

The epo doesn't use the name continuation and the concepts are somewhat different. What you can do however: You can file a new application claiming priority within one year of the first filing and ...
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  • 5,827
2 votes

Is an expired patent in the public domain?

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 ...
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  • 693
2 votes

Is an expired patent in the public domain?

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 ...
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  • 31
2 votes

How do we reinstate our patent US 5,341,526

Patents are territorial rights and for limited period of time(i.e. 20 years). subject query patent was filed in 1992 granted in 1994 and expired way back. Since your Mother assigned you patent in 1999 ...
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  • 2,125
2 votes

How often are patents terminally disclaimed?

The USPTO put out a working paper in June 2015 titled "The USPTO Historical Patent Data Files: Two centuries of invention". In it they state "Internal estimates suggest that 11.9% of patents granted ...
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2 votes

Assigning Patents To Different People For Same Device For Over 100 Years, US 8567565 B2

It is common in patents to find a new way to solve an old problem. I have no specific knowledge in chain lubrication techniques so I can't comment on whether this patent is novel. However, looking at ...
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  • 9,702
2 votes
Accepted

What copyright or patent infringements could I step into by remaking an old game?

Software as such are potentially patentable. However there is quite some limitations to this, even in the US. See for a related question that has been answered here:Can I patent a new internet based ...
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  • 159
2 votes

When does the patent on the CPR manikin (US4984987) expire?

The original filing date is November 9, 1989. A Utility patent is valid for a term of 20 years, which means this patent expired on November 9, 2009 and is no longer valid. The link you posted to does ...
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2 votes

patent life of a PCT application and royality thereof

a. The US filing date is the PCT filing date. You can find this stated clearly in this useful web page http://www.bpmlegal.com/howtoterm.html (1st asterisk). 20 year life time starts from the filing ...
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2 votes
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How are patents managed internationally?

How are patents handled internationally? Which is the foremost authority on patents? Patents are territorial in nature. So if your invention would have a market in a particular country , you would ...
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2 votes
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When does this patent expire?

A US patent issued in 1955 had an expiration of 17 years after issuance. US copyright expiration has nothing to do with patent expiration. Longer answer: The 17-year rule was changed for utility ...
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  • 341
2 votes
Accepted

Does disclosure of an invention forever bar anyone (except you) from patenting it?

Basically yes. However, it doesn't save the inventor from claims by third parties that a product made by the inventor infringes on that third party's patents. Someone else may have already invented ...
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  • 25.5k
2 votes

Can you patent in a futuristic idea with great detail

From the wording of your question I would say no. To get a patent one must have a fixed idea of how to make and use the invention. And the written specification and drawings need to show someone of ...
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  • 25.5k
2 votes

Can you patent in a futuristic idea with great detail

It depends, as George White explains, on whether the invention is sufficiently enabled. It is possible to get a patent on an invention that isn't realizable with current technology or where it is ...
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  • 9,702
1 vote

William A Clark extended expansive bit patents

The original patents were 14 year patents and would have expired in 1872. They had hearing with the patent commissioner for extensions in 1872 which would have extended the patent for an additional 7 ...
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  • 41
1 vote

Original Patent document

Does this document have any worth? The patent itself has expired and cannot be enforced against anyone who might otherwise be an infringer. If there have been an unbroken string of "follow-on" ...
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  • 221
1 vote

When do the patents on RC6 (U.S. Patent 5,724,428 and U.S. Patent 5,835,600) expire?

Pat. 5,724,428 expired on Nov. 1, 2015. Pat. 5,835,600 is a DIVISION of this patent (not a continuation of it, as another responder indicated) and will expire on April 21, 2017.
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  • 11
1 vote

How do I re-patent a product similar to one that's had its patent expire?

That's, unfortunately, illegal. From that link, The public should . . . be able to act on the assumption that upon the expiration of the patent it will be free to use not only the invention ...
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1 vote

Has patent US 5,195,917 A expired?

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 ...
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1 vote

When do the rights granted by a design patent vest in the USA?

The term of a design patent is 14 years measured from the date of grant. 1502.01 Distinction Between Design and Utility Patents [R-11.2013] The term of a utility patent on an application filed on ...
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  • 1,775
1 vote

Patent Expiration

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 ...
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  • 1,775
1 vote

When will patent US 6,797,357 expire?

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,...
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  • 1,775
1 vote

Why is there no requirement that a foreign entity manufactures / licenses and / or offer to sell in a territory?

This is a public policy question, which you may find answers to in legal/economic literature. Just wondering why there is no requirement for foreign entities seeking to patent an idea / ...
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