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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 ...
Thus, Lemelson's "submarine patents" strategy of taking steps that would delay the patent grant date will no longer extend the patent expiration date.) To minimize this alleged abuse of the patent system, the USPTO proposed several changes to the rules as to the number of continuations an applicant can file.
Although the standard practice of many national patent offices seems to be to calculate SPC term based upon date (1), an October 2011 article in Scrip Regulatory Affairs by Mike Snodin [12] argues that this standard practice is incorrect and that date (2) should be used instead (with the result that some products may be entitled to a slightly ...
According to the new rules, the filing of divisional patent applications is again possible as long as the earlier patent application is pending. [ 18 ] An additional fee is however due "in the case of a divisional application filed in respect of any earlier application which is itself a divisional application". [ 18 ]
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 ...
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