Tuesday, May 19, 2015 2:15:51 PM
U.S. Patents filed after June 8, 1995 expire 20 years from the date of filing.
U.S. Patents filed prior to June 8, 1995 expire 17 years from the date of issue, or 20 years from the first non-provisional patent application in the family - whichever is later.
http://jolt.law.harvard.edu/articles/pdf/v26/26HarvJLTech403.pdf
a competitor may not even begin testing a potential competing product until after the patent expires. This is not problematic in most fields that are not subject to such heavy regulation because, in most circumstances,
competitors can rapidly enter the market soon after the patent
covering the relevant product expires. In the drug and medical device context, however, a competitor (such as a generic drug manufacturer) may not begin pursuing FDA approval or conducting U.S.-based clinical trials until the patent expires.93
A competitor’s product would therefore not reach the market until long after the patent had expired,
creating a de facto patent term extension for the patent holder.
94 1. § 156’s Patent Term Extension
The Hatch-Waxman Act added 35 U.S.C. § 156, which is meant
to remedy the de facto patent term reduction caused by FDA review
by granting an extension to the patent term.
95 In theory, the extension
provided by § 156 should exactly offset this lost time,96 which may otherwise unfairly disadvantage drug and device manufacturers as compared to patentees in other industries.
Facially, the Hatch-Waxman Act applies only to patents covering
drugs, but the Supreme Court has held that it applies equally to medical devices. 97 The extension is therefore available from the USPTO for medical device patents that claim a product or a method of using or manufacturing a product.98 Nonetheless, the statute provides an extension only for patents on products that are subject to a “regulatory review period.
PMCB like most companies with promising technology has nothing to worry about.
CIAB is Proprietary ( brand or item protected by intellectual property rights)
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