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==Patent Expiration Rules==
Patent Expiration Rules (view source)
Revision as of 15:29, 18 September 2017
, 15:29, 18 September 2017→Updating the Patent Term Calculcations
Based on the fees paid, we can determine the validity of a patent. Each fee is coded and the DaysIncrement variable indicates how many more days a patent is valid for after that fee is paid. The DaysDuration is how many total days the patent has been valid for since it's grant date. DaysDuration is the key variable, for each fee paid, we add DaysIncrement to DaysDuration. The DaysDuration past the grant date is the validity of the patent.
);
<nowiki>\COPY Maintfeeevents FROM 'MaintFeeEvents_20160613.txt' WITH DELIMITER AS E' \t' HEADER NULL AS '' CSV;</nowiki>
--Now import table of fee codes (and the duration of the extensions) from (Z:\LBO\Clean)
2b) Might not have expiration event at conclusion of 20 years (after all three extensions expire)
*/
== Updating the Patent Term Calculcations ==
We need to take into account the change in patent term. See https://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States
*Patent filed after June 8 1995: term of 20 years from US filing date (based on fees paid)
*Pending on June 8 1995 or issued after June 7 1978 but not expired before june 8 19985 have the term max(17 years from issue date, 20 years from date of filing)
*Patents issued before June 7 1978 have term of 17 years from date of issue
*Maintenance Fees at 3.5, 7.5, and 11.5 years from date of issue. aka 4, 8 , 12
So patent filed after june 8 1995
:add 4 years (1460 days) to issue date to start
:add 4 years to issue date after 3.5yr fee
:add 4 years to issue date after 7.5 year fee
:add difference up to 20 years from filing (application) date after 11.5 year fee
*Patent issued between june 7 1978 and june 8 1995 will have the term which max(file date + 20 years, issue date + 17 years)
::for those patents using 20 years + file (application) date, same as after june 8 1995
::for those using 17 years + issue date
:::add 4 years to issue date to start
:::add 4 years to issue date after 3.5yr fee
:::add 4 years to issue date after 7.5yr fee
:::add 5 years to issue date after 11.5 yr fee
*Use same method as above for patents issued before June 7 1978
*For patents filed after May 28,2000
::if issue date more than 3 years after file date, then term of patent extended by number of days exceeding 3 years
Use the new fee data for this
