RE: [PIUG List] Calculation of US Patent Terms

Hi Rodney,
 
The CLAIMS/US Patents database (and the CLAIMS Uniterm and Comprehensive
databases as well) contain a calculated date of expiration for all US
patents. This calculated date of expiration is based on the following
rules.
 
1. If a US patent was granted/published on or before June 8, 1978, then
the calculated expiration date is 17 years after the patent publication
date.
 
2. If a US patent was applied for on or after June 8, 1995, then the
calculated expiration date is 20 after the application date.
 
3. If a US patent is published after June 8, 1978 and before June 9,
1995, then the calculated expiration date is the greater of
    A. 17 years from patent publication date or
    B. 20 years from the first filing/application date.
 
4. If a US patent is published after June 8, 1995 and the application
filing date is before June 9, 1995, then the calculated expiration date
is the greater of
    A. 17 years from patent publication date or
    B. 20 years from the first filing/application date.
 
These calculated dates of expiration do not take into account any
extensions/expirations/dedications/etc. that may take place at the time
of issue or post-issue. Actions that occur at time of issue can be found
in the CLAIMS US Patents database (and the Uniterm and Comprehensive
databases). Post-issuance actions can be found in the CLAIMS Current
Legal Status database. All of these databases are available on Dialog,
STN and Questel.
 
If you would like more information about this, please do not hesitate to
contact me.
 
Jim
 
Jim Brown
Customer Services Manager
IFI Patent Intelligence
3202 Kirkwood Highway Suite 203
Wilmington, DE 19808
(800) 331-4955
(302) 633-7201
Jim.Brown_at_wolterskluwer.com

________________________________

From: Rodney Cruise [mailto:rodney.cruise_at_iporganisers.com.au]
Sent: Monday, February 18, 2008 6:04 PM
To: PIUG Discussion List @ Listbox
Subject: [PIUG List] Calculation of US Patent Terms


Hi All
 
I have been quite absent for the list in the last 12 months, so a big
HELLO to all fellow PIUG folk!
 
I have a question regarding the Calculation of US Patent Terms. I
apologise if it has been dealt with recently, though I could not find
anything on it on the list.
 
Does anyone know of a resources that can assist in calculating US Patent
Terms. Something like a database/program or even a "Dummies Guide" to
calculating US Patent Terms.
 
I find that some of the time they can relatively straight forward
affairs, however in other cases I am left scratching my head trying to
reconcile maintenance fees payment windows, with "first" filing dates
and abandoned PCT application etc etc......oh for a straight 20 year
term!!!!
 
I guess what I am looking for is a fairly foolproof "Ultimate Guide" to
calculating US Patent Terms.
 
Cheers
Rodney Cruise
 

Regards

Rodney Cruise
Manager | Patent Attorney

IP Organisers Pty Ltd
PO Box 323
Collins Street West 8007
Melbourne Vic Australia
Phone: +61 3 9614-1944
Fax: +61 3 9614-1867
Web: www.iporganisers.com.au
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Received on Tue Feb 19 2008 - 18:58:09