Patent Expiration Rules - Revision history

Ed: /* Updating the Patent Term Calculcations */

2017-09-18T19:29:13Z

Updating the Patent Term Calculcations

Ed: /* Updating the Patent Term Calculcations */

2017-09-18T19:28:03Z

Updating the Patent Term Calculcations

Avesh: /* Updating the Patent Term Calculcations */

2017-04-28T19:52:36Z

Updating the Patent Term Calculcations

ShelbyBice: /* Building Start and End Table */

2017-04-27T19:03:09Z

Building Start and End Table

Avesh at 20:27, 14 April 2017

2017-04-14T20:27:49Z

Ed at 00:48, 10 March 2017

2017-03-10T00:48:14Z

Ed: Ed moved page Patent Rules to Patent Expiration Rules

2017-03-10T00:47:41Z

Ed moved page Patent Rules to Patent Expiration Rules

Ed at 00:47, 10 March 2017

2017-03-10T00:47:21Z

Avesh: /* Building Start and End Table */

2017-03-09T22:59:12Z

Building Start and End Table

Avesh: /* Patent Expiration Rules */

2017-03-09T22:57:31Z

Patent Expiration Rules

@@ Line 218: / Line 218: @@
 	: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 date after 11.5 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 date, same as after june 8 1995
+::for those patents using 20 years + file (application) date, same as after june 8 1995
 ::for those using 17 years + issue date

@@ Line 205: / Line 205: @@
 == Updating the Patent Term Calculcations ==
 *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

← Older revision		Revision as of 19:52, 28 April 2017
Line 205:		Line 205:

	== Updating the Patent Term Calculcations ==		== Updating the Patent Term Calculcations ==
		+	*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 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 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

@@ Line 174: / Line 174: @@
   );
-  \COPY Maintfeeevents FROM 'MaintFeeEvents_20160613.txt' WITH DELIMITER AS E' ' HEADER NULL AS '' CSV;
+  <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)
@@ Line 203: / Line 203: @@
 b) Might not have expiration event at conclusion of 20 years (after all three extensions expire)
   */
 == Updating the Patent Term Calculcations ==

← Older revision		Revision as of 20:27, 14 April 2017
Line 203:		Line 203:
	2b) Might not have expiration event at conclusion of 20 years (after all three extensions expire)		2b) Might not have expiration event at conclusion of 20 years (after all three extensions expire)
	*/		*/
		+
		+
		+	== Updating the Patent Term Calculcations ==

← Older revision		Revision as of 00:48, 10 March 2017
Line 1:		Line 1:
−	~~==Patent Expiration Rules==~~
−
	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.		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.

← Older revision	Revision as of 00:47, 10 March 2017
(No difference)

@@ Line 1: / Line 1: @@
 ==Patent Expiration Rules==
-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. (NOTE: does not seem to distinguish counting from filedate or grant date, only seems to do it from grantdate) {note to self: find when
+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.
 ALSO- keep in mind this is in *allpatentsprocessed* DB, not in the *patent* database.

← Older revision		Revision as of 22:59, 9 March 2017
Line 156:		Line 156:
	SQL steps are located at		SQL steps are located at
	E:\McNair\Projects\LBO\Clean\Building the Patent Start End Table.sql		E:\McNair\Projects\LBO\Clean\Building the Patent Start End Table.sql
		+
		+	/*
		+	These are instructions for building the patentstartend table, which identifies for each patent (number) the dates at which it is granted and at which it expired.
		+	It uses a database of all maintenance fee events and a list of the types of maintenance fee events and their effect the length of patent life
		+	*/
		+
		+	--First, we need to import the table of Maintenance fee events (from copy in Z:\LBO\Clean, originally from Z:\USPTO_Consolidated\Maint_Fee_Events)
		+
		+	CREATE TABLE Maintfeeevents (
		+	patentNumber VARCHAR(7) NOT NULL,
		+	appNumber VARCHAR(8) NOT NULL,
		+	smallEntity VARCHAR(1) NOT NULL,
		+	appFilingDate DATE NOT NULL,
		+	grantDate DATE NOT NULL,
		+	feeDate DATE NOT NULL,
		+	feeCode VARCHAR(5) NOT NULL
		+	);
		+
		+	\COPY Maintfeeevents FROM 'MaintFeeEvents_20160613.txt' WITH DELIMITER AS E' ' HEADER NULL AS '' CSV;
		+
		+	--Now import table of fee codes (and the duration of the extensions) from (Z:\LBO\Clean)
		+	--daysDuration represents the number of days from grantdate that patent will remain active due to maintenance fee event
		+	--I.e., 8 years for 4th year extension, 12 years for 8th year extension, 20 years for 12th year extension
		+	--Note that we give the expiration events a value of 0 since these can occur after any such extension (or lack thereof).
		+
		+	CREATE TABLE PatentExpirationRules (
		+	feeCode VARCHAR(5) NOT NULL,
		+	description VARCHAR(255) NOT NULL,
		+	daysIncrement INTEGER NOT NULL,
		+	daysDuration INTEGER NOT NULL
		+	);
		+	\COPY PatentExpirationRules FROM 'patentExpirationRules.txt' WITH DELIMITER AS E'\t' HEADER NULL AS '' CSV;
		+
		+	--We can approximate the actual expiration date by taking the max of daysDuration and adding that number of days to the original grantdate
		+	SELECT M.patentnumber, MAX(M.grantdate) as grantdate, MAX(GREATEST(M.grantdate + P.daysDuration, M.grantdate + 1460)) as expdate
		+	INTO patentstartend
		+	FROM maintfeeevents as M RIGHT JOIN patentexpirationrules as P ON M.feecode = P.feecode
		+	GROUP BY M.patentnumber
		+	;
		+
		+	/*
		+	There is an alternative way to do this using fee expiration events; however, there are two problems:
		+	1) The USPTO may have accidentally omitted some expiration events
		+	2) Sometimes there are late payments; this leads to reinstatement of the patent. Should be solved by taking last expiration event, but there are potential problems:
		+	2a) See problem 1
		+	2b) Might not have expiration event at conclusion of 20 years (after all three extensions expire)
		+	*/

@@ Line 5: / Line 5: @@
 ALSO- keep in mind this is in *allpatentsprocessed* DB, not in the *patent* database.
-Located in Z:\LBO\Clean\patentExpirationRules.txt
+Located in
 {| class="wikitable"