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35 u.s.c. 154(b)是什么条款呢?

发布时间:2012.04.10 福建省查看:12498 评论:4

看美国专利中有这样一段话: (*) Notice: subject to any disclaimer,the term of this patent is extended or adjusted under 35 u.s.c. 154(b) by 0 days. 那么,其中35 u.s.c. 154(b) 是什么条款呢?这个条款说的是什么内容呢?还有,通过什么渠道查询这个条款呢?

标签: 专利 美国 patent 154 adjusted


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  • 第1楼

    2012/04/10 16:38 [来自福建省]

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  • 第2楼
    kingdomway 发表于 2012-4-10 16:38

    google, USPTO均可查, 35 u.s.c. 154(b)关于专利文献中名词的规定
    35 U.S.C. 154 Contents and term of patent; provisional rights. - Patent Laws
    (b) ADJUSTMENT OF PATENT TERM.-

    (1) PATENT TERM GUARANTEES.-

    (A) GUARANTEE OF PROMPT PATENT AND TRADEMARK OFFICE RESPONSES.- Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the Patent and Trademark Office to-

    (i) provide at least one of the notifications under section 132 of this title or a notice of allowance under section 151 of this title not later than 14 months after-

    the date on which an application was filed under section 111(a) of this title; or

    the date on which an international application fulfilled the requirements of section 371 of this title;

    (ii) respond to a reply under section 132, or to an appeal taken under section 134, within 4 months after the date on which the reply was filed or the appeal was taken;

    (iii) act on an application within 4 months after the date of a decision by the Board of Patent Appeals and Interferences under section 134 or 135 or a decision by a Federal court under section 141, 145, or 146 in a case in which allowable claims remain in the application; or

    (iv) issue a patent within 4 months after the date on which the issue fee was paid under section 151 and all outstanding requirements were satisfied, the term of the patent shall be extended 1 day for each day after the end of the period specified in clause (i), (ii), (iii), or (iv), as the case may be, until the action described in such clause is taken.

    (B) GUARANTEE OF NO MORE THAN 3-YEAR APPLICATIO***ENDENCY.- Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the United States Patent and Trademark Office to issue a patent within 3 years after the actual filing date of the application in the United States, not including-

    (i) any time consumed by continued examination of the application requested by the applicant under section 132(b);

    (ii) any time consumed by a proceeding under section 135(a), any time consumed by the imposition of an order under section 181, or any time consumed by appellate review by the Board of Patent Appeals and Interferences or by a Federal court; or

    (iii) any delay in the processing of the application by the United States Patent and Trademark Office requested by the applicant except as permitted by paragraph (3)(C), the term of the patent shall be extended 1 day for each day after the end of that 3-year period until the patent is issued.

    (C) GUARANTEE OR ADJUSTMENTS FOR DELAYS DUE TO INTERFERENCES, SECRECY ORDERS, AND APPEALS.- Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to-

    (i) a proceeding under section 135(a);

    (ii) the imposition of an order under section 181; or

    (iii) appellate review by the Board of Patent Appeals and Interferences or by a Federal court in a case in which the patent was issued under a decision in the review reversing an adverse determination of patentability, the term of the patent shall be extended 1 day for each day of the pendency of the proceeding, order, or review, as the case may be.

    2012/04/10 16:47 [来自中国台湾]

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  • 第3楼
    sunyf_008 发表于 2012-4-10 16:47
    google, USPTO均可查, 35 u.s.c. 154(b)关于专利文献中名词的规定
    35 U.S.C. 154 Contents and term of ...

    thank you!

    2012/07/11 14:43 [来自福建省]

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  • 第4楼
    学习啦,谢谢大侠的答复。

    2017/03/28 07:48 [来自天津市]

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