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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 millionth PCT application was filed at the end of 2004, [83] whereas the two millionth application was filed in 2011. [84] The first ever decline in the number of filed PCT applications in over 30 years occurred in 2009, with a 4.5 percent drop compared to 2008. [85]
Patent maintenance fees are due in Russia every year starting with the third year after the application date. [19] The maintenance fee increases from 1,700 roubles (22.43 US$) on the third year to 16,200 roubles ($213.73) on the twentieth year.
For instance, if a renewal fee was due in February 2004, the additional fee fell due on August 31, 2004 (Tuesday), i.e. six months from the end of February 2004. The obligation to pay renewal fees terminates with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published. [6]
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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 ...
This time limit can be extended under certain circumstances, for an additional fee. [30] The applications may be published before a patent has been granted on them if the patent is not granted within the 18-month time frame. Applicants can opt out of publication if the applications will not be prosecuted internationally. [31]
In other words, "a Euro-PCT-application not having entered the European phase is not a pending earlier European application in the sense of Rule 36(1) PCT". [24] This contrasts with the situation in the United States, as laid out in the U.S. Manual of Patent Examining Procedure (MPEP). [25] In decision G 1/09, the Enlarged Board of Appeal held that