117:(PCT) applications from which the patent claims priority (excluding provisional applications). For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest filing date as above or 17 years from the issue date, whichever is longer. Extensions may be had for certain administrative delays.
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requires all jurisdictions to give a
European patent a term of 20 years from the actual date of filing an application for a European patent or the actual date of filing an international application under the PCT designating the EPO. The actual date of filing can be up to a year after the earliest
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Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This however does not forbid the states party to the WTO from providing, in their national law, other type of patent-like rights with shorter terms.
138:(patents based on decorative, non-functional features), for design applications filed on or after May 13, 2015, the term is 15 years from the issue date. For design applications filed before May 13, 2015, the term is 14 years from the issue date.
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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
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90:. The term of a granted European patent may be extended under national law if national law provides term extension to compensate for pre-marketing regulatory approval. For
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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
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have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time.
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The patent term will additionally be adjusted to compensate for delays in the issuance of a patent. The reasons for extensions include:
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Significant international harmonization of patent term across national laws was provided in the 1990s by the implementation of the
59:"The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date."
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172:(SPC), provides a limited time extension to the protection conferred by certain patents in the European Union
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Standards concerning the availability, scope and use of
Intellectual Property Rights
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are an example of such rights. Their term is usually 6 or 10 years.
55:(TRIPs Agreement). Article 33 of the TRIPs Agreement provides that
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Agreement on Trade-Related
Aspects of Intellectual Property Rights
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156:, when the patent expiration leads to an abrupt drop in sales
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Paris
Convention for the Protection of Industrial Property
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Delayed response to an application request for patent.
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2701 Patent Term - 2700 Patent Terms and
Extensions
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Exceeding 3 years to consider a patent application.
266:- Contents and term of patent; provisional rights
31:or from the date of grant of the patent. In most
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150:, provides what is called the "priority year"
130:Delays due to a secrecy order or appeal.
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276:Manual of Patent Examining Procedure
170:Supplementary protection certificate
96:supplementary protection certificate
94:member states this is by means of a
108:Term of patent in the United States
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160:Provisional patent application
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16:Period that a patent is valid
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43:International harmonization
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83:European Patent Convention
115:Patent Cooperation Treaty
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299:Time in government
29:patent application
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225:Article 63(2)(b)
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165:Submarine patent
37:maintenance fees
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251:Further reading
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136:design patents
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106:Main article:
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66:Utility models
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278:(MPEP), USPTO
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154:Patent cliff
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72:Jurisdiction
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33:patent laws
294:Patent law
288:Categories
264:§ 154
198:2009-04-07
177:References
142:See also
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240:"MPEP"
77:Europe
25:patent
23:of a
134:For
81:The
21:term
19:The
274:in
228:EPC
214:EPC
92:EEA
51:'s
49:WTO
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