Patent Terms
1. Used to be 17 yrs from date of issuance.
Changed because:
a. It didn’t count against inventors who dragged out prosecution. Lost incentive to move quickly.
b. Submarine patents: File patent for establishing of priority, then drag out prosecution making little changes paying fees but keeping patent secret, then 30 years later let it issue, have full term in tact and industry would have moved on not knowing patent was looming (submarine), maybe come up with same things. Now infringing.
2. 1995: Changed patent term to 20 years from date of filing.
4 minor adjustments:
a. If subject to interference delaying patent, get up to 5 years back.
b. Products going through regulatory procedures: drugs, cosmetics, certain food products. § 156, you can petition for adjustment
c. Maintenance fees, don’t pay fee lose patent (4th, 8th, 12th, 16th year) to make sure you still want patent. Varies patent terms.
d. 1999 Congress passed law for more rigorous accounting for delays that aren’t your fault.
(A) If PTO doesn’t give you first response w/in 14th months, you can add that to your term.
(B) If you respond, their delay is more than 4 months, more time back. Various targets that PTO must hit, else you can petition for time back.
3. Inventor’s rights after inventor’s patent application is published after 18 months: After the patent issues, inventor gets some rights to enforce infractions that occurred after 18 months but before issuance.
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