Author:
Publisher:
ISBN:
Category : Patent extensions
Languages : en
Pages : 0
Book Description
Patent Term Extensions and Adjustments
Adjustments, Extensions, Disclaimers, and Continuations
Author: Stephanie Plamondon
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on patent holders, their competitors, and the public. In some cases, an extension merely corrects a deficiency in the patent balancing system and ensures equilibrium between incentives and access. In other cases, however, an extension may result in a socially harmful enlargement of the patent holder's monopoly, allowing the patentee to collect a windfall beyond what was necessary to incentivize the invention's development, while stifling competition and depriving the public of affordable access to the invention. In all cases, these extensions delay competition and access while introducing uncertainty about the expiration of the patent. It is thus beneficial to distinguish situations where extensions are justified to provide adequate research and development incentives from situations where extensions are not justified. This Article clarifies the current law governing the various forms of patent extensions and their interactions, and evaluates this law from a policy perspective.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The United States patent system represents a measured trade-off between two competing policy considerations: providing sufficient incentives to encourage the innovation and development of new and socially useful inventions; and ensuring that such inventions are readily available to the public at an affordable price. Although the default patent term is now twenty years from filing, various features of, and changes to, the patent system over the years have allowed patent owners to extend the duration of their patent monopolies, sometimes for several years. Such extensions, though seemingly insignificant when compared to the full patent term, have an enormous impact on patent holders, their competitors, and the public. In some cases, an extension merely corrects a deficiency in the patent balancing system and ensures equilibrium between incentives and access. In other cases, however, an extension may result in a socially harmful enlargement of the patent holder's monopoly, allowing the patentee to collect a windfall beyond what was necessary to incentivize the invention's development, while stifling competition and depriving the public of affordable access to the invention. In all cases, these extensions delay competition and access while introducing uncertainty about the expiration of the patent. It is thus beneficial to distinguish situations where extensions are justified to provide adequate research and development incentives from situations where extensions are not justified. This Article clarifies the current law governing the various forms of patent extensions and their interactions, and evaluates this law from a policy perspective.
Patent Term Extensions and Adjustments
Patent Term Extension and Pharmaceutical Innovation
Author: United States. Congress. House. Committee on Science and Technology. Subcommittee on Investigations and Oversight
Publisher:
ISBN:
Category : Drugs
Languages : en
Pages : 308
Book Description
Publisher:
ISBN:
Category : Drugs
Languages : en
Pages : 308
Book Description
Patent Term Adjustments (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781729858936
Category :
Languages : en
Pages : 32
Book Description
Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) The Law Library presents the complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The United States Patent and Trademark Office (Office) is revising the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless of when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. Accordingly, the Office is revising the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the applicant files a request for continued examination after such allowance. The Office also is revising the rules of practice to provide that the submission of a request for continued examination after any notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment. The Office is providing an exception to this patent term adjustment reduction provision for a request for continued examination filed solely to submit information cited in a patent office communication in a counterpart application that is submitted to the Office within thirty days of receipt of the patent office communication. Additionally, the Office is clarifying what papers may be submitted after a notice of allowance without the applicant being considered to have failed to engage in reasonable efforts to conclude processing or examination of the application. This book contains: - The complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A table of contents with the page number of each section
Publisher: Createspace Independent Publishing Platform
ISBN: 9781729858936
Category :
Languages : en
Pages : 32
Book Description
Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) The Law Library presents the complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The United States Patent and Trademark Office (Office) is revising the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless of when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. Accordingly, the Office is revising the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the applicant files a request for continued examination after such allowance. The Office also is revising the rules of practice to provide that the submission of a request for continued examination after any notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment. The Office is providing an exception to this patent term adjustment reduction provision for a request for continued examination filed solely to submit information cited in a patent office communication in a counterpart application that is submitted to the Office within thirty days of receipt of the patent office communication. Additionally, the Office is clarifying what papers may be submitted after a notice of allowance without the applicant being considered to have failed to engage in reasonable efforts to conclude processing or examination of the application. This book contains: - The complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A table of contents with the page number of each section
Patent Term Extension Legislation
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 470
Book Description
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 470
Book Description
Patent Term and Patent Disclosure Legislation
Author: DIANE Publishing Company
Publisher: DIANE Publishing
ISBN: 0788149660
Category :
Languages : en
Pages : 220
Book Description
Presents testimony on the issues of patent term & patent disclosure legislation by representatives from: Esquire, Banner & Allegretti, LTD.; Nat. Assoc. for the Self-Employed; Finnegan, Henderson, Farabow, Garrett, & Dunner; Molecular Biosystems, Inc.; American Intellectual Property Law Assoc.; & The Alliance for American Innovation. Includes submitted letters & materials from the Chief Council for Advocacy U.S. Small Business Admin.; Bruce A. Lehman, Secretary of Commerce & Commissioner of Patents & Trademarks; & the White House Conference on Small Business.
Publisher: DIANE Publishing
ISBN: 0788149660
Category :
Languages : en
Pages : 220
Book Description
Presents testimony on the issues of patent term & patent disclosure legislation by representatives from: Esquire, Banner & Allegretti, LTD.; Nat. Assoc. for the Self-Employed; Finnegan, Henderson, Farabow, Garrett, & Dunner; Molecular Biosystems, Inc.; American Intellectual Property Law Assoc.; & The Alliance for American Innovation. Includes submitted letters & materials from the Chief Council for Advocacy U.S. Small Business Admin.; Bruce A. Lehman, Secretary of Commerce & Commissioner of Patents & Trademarks; & the White House Conference on Small Business.
General Information Concerning Patents
Patent Term Restoration Act of 1981
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Patent extensions
Languages : en
Pages : 716
Book Description
Publisher:
ISBN:
Category : Patent extensions
Languages : en
Pages : 716
Book Description
The Patent Term Restoration Act of 1983
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher:
ISBN:
Category : Patent extensions
Languages : en
Pages : 368
Book Description
Publisher:
ISBN:
Category : Patent extensions
Languages : en
Pages : 368
Book Description