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The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in ...
The abrupt drop in sales expected after the date of patent expiration can be estimated with the following formula: [2] = where A is the peak sales value before the patent expiration and Y the years after the peak sales year (the peak sales year is considered year 0), and B is an exponent with value -1.032. The formula above could be simplified ...
Term = date of 1st MA in the EEA − date of filing of corresponding patent − 5 years. Under normal circumstances, this means the following. No SPC term is available if less than 5 years have elapsed between the date of filing of the corresponding patent and the date of issuance of the first MA in the EEA.
For patents filed on or after June 8, 1995, under the TRIPS agreement, continuation patents expire 20 years from the date of filing of the parent patent application, regardless of when the patent is granted. Thus, Lemelson's "submarine patents" strategy of taking steps that would delay the patent grant date will no longer extend the patent ...
An "invention" is obvious (and therefore ineligible for a patent) if a person of "ordinary skill" in the relevant field of technology would have thought the technology was obvious, on the filing date of the patent application. Legislatively the requirement for non-obviousness was established in the Patent Act of 1952. Specifically, 35 U.S.C ...
A patentability or prior art search report provides information on whether a new invention is eligible for patent protection, along with information on what are the closest prior arts. This analysis helps patent attorneys draft broad and appropriate claims for the new invention. The patentability search may include both patent and non-patent ...
PATENTSCOPE is a global patent database and search system developed and maintained by the World Intellectual Property Organization. It provides free and open access to a vast collection of international patent documents, including patent applications , granted patents, and related technical information.