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Patent originating from PCT
Posted by Anonymous . updated on 2/26/2009
I am new here..
I have a question re patent originating from PCT:
In case a PCT was filed on 1.1.2001
Priority date 1.1.2000 filed in the US
How do I calculate the expiration date of an EP patent originating from the PCT? 20 years from filing or 20 years from the priority?
Answers (3)
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helene_...
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A EP patent has a uniform term of 2O years for all contracting states. The relevant date for calculation of the 20 year term of the patent is the date of filing and not the priority date. Please refer to the Paris Convention Article 4bis(5).
In fact, some contracting states take the date of filing as the first day of the term; in that case the last day of the term would be 31.12.2020 (and not 1.1.2021). this can have its importance for pharma invention.
Helene
European patent attorney
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shoosh
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thank you for your reply!
If i understand you correctly an EP patent originating from PCT will expire 20 years from the filing date of the PCT with no relevance to the priority date however some countries caclculate the 20 years from the priority date? which countries?
Thank you!
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helene_...
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As long as a country has signed the Paris Convention, it is bound by Article 4bis(5).
You can have a list of the contracting parties of the Paris convention on the WIPO website.
I do not know any country not applying the "20 years from filing".
H?l?ne
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