Talk:International Data Encryption Algorithm: Difference between revisions

Revision as of 05:50, 25 May 2011

Revision as of 06:38, 25 May 2011

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[[Special:Contributions/71.41.210.146|71.41.210.146]] ([[User talk:71.41.210.146|talk]]) 20:45, 24 May 2011 (UTC)

:My understanding, based on talk with a real patent lawyer about another case, is that the "foreign priority" section of the USPTO records contains precisely which foreign applications have been designated by the applicant as giving the benefit of an earlier priority date, which filing date(s) serves (under the current rules) as the reference for the end of the 20 years protection period. That benefit, I was told, is avoidance of self-anteriority. Could this be an oversimplification, and could a foreign application be in "foreign priority" with no effect on the 20 years protection period? [[User:Fgrieu|Fgrieu]] ([[User talk:Fgrieu|talk]]) 05:20, 25 May 2011 (UTC)

:Formally, my reading of 35 U.S.C. is that, per sectiion 154(a)(2), the 20 years period starts on "the date on which the application for the patent was filed in the United States OR''or'', if the application contains a specific reference to an earlier filed application or applications under section 120, 121, or 365(c) of this title, from the date on which the earliest such application was filed." (emphasis added); I action the right side of the OR''or'' and posit that the Swiss patent filed 1990-05-18 (and the European/WIPO patent filed 2011-05-16) falls under section 120 as it is referencing section 363: "An application for patent for an invention disclosed (..properly..) in an application previously filed (..) as provided by section 363 of this title (..reading:) An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office except (..)". [[User:Fgrieu|Fgrieu]] ([[User talk:Fgrieu|talk]]) 05:50, 25 May 2011 (UTC)

:About the restriction to "an international application ''designating the United States''" (emphasis added): when filing an EPO or WIPO patent application, the inventor/applicant specifies a list of Member States in which application of that patent is though. I think that can includes the USA, at least for WIPO. I have no idea if that exists in Swiss patent applications. [[User:Fgrieu|Fgrieu]] ([[User talk:Fgrieu|talk]]) 06:38, 25 May 2011 (UTC)