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Message: Enforcing a patent

Re:"'148 was issued in early 2003, yet it expired late 2009"

Seems I heard that patents (these were drug patents) were being somehow extended, preventing generics into the market. Could this actually have been a 6 year extension?

http://en.wikipedia.org/wiki/Term_of_patent

In the United States, under current patent law, for patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest claimed filing date. For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest claimed filing date or 17 years from the issue date, whichever is longer. Extensions may also be had for various administrative delays. (The exact date of termination may be zealously litigated, especially where daily profits from a patent amount to millions of dollars, e.g., pharmaceuticals.)

Other types of patents may have varying terms. For example, in the U.S., design patents (based on a decorative, non-functional design) typically have a 14-year term.

If the United States Patent and Trademark Office (USPTO) delays the issuance of a patent, it is possible to receive extensions. This may result in patents being issued for periods longer than 20 years. The reasons for extensions include:

  • Delayed response to an application request for patent.
  • Exceeding 3 years to consider a patent application.
  • Delays due to a secrecy order or appeal.

It is possible to receive time extensions equal to the amount of delay

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