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A terminal disclaimer does not negate Patent Term Extension that has been granted under 35 U.S.C. 156. [14] In a pharmaceutical patent dispute, Teva argued that Wyeth's patent on zaleplon drug products (Sonata) had expired because of a terminal disclaimer.
Possibly the earliest mention of patent disclaimers was in the British "Letters Patent and Trademark Amendment Act 1835", in the sense of a right to renounce one's patent monopoly or a part thereof. [5] That right was subject to safeguards to make sure that the disclaimer was a true renunciation, rather than an extension of the monopoly. [5]
All of these patents are now expired. Patent Filed granted First File Expiry ... grant+17: [2000, 7, 19] terminal disclaimer date December 15, 1998 [b] General ...
Brooks Brothers is facing legal claims that it marked its bow ties with expired patent numbers, which could cost the company as much as $500 per tie. The U.S. Court of Appeals for the Federal ...
In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior U.S. or Patent Cooperation Treaty (PCT) applications from which the patent claims priority (excluding provisional applications). For patents ...
Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.
The Board ruled that introducing a disclaimer which has no basis in the application as filed may be allowable in order to: restore novelty by delimiting a claim against state of the art under Article 54(3) and (4) EPC, i.e. against a novelty-destroying conflicting application (a first European patent application is said to be a "conflicting application" when it was filed before the effective ...
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