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biosectinvestor

01/13/23 12:44 PM

#559166 RE: Know-Fear #559163

You really do not want to wait in any context to file a patent. It doesn’t add to the years but it does increase the likelihood that someone will claim their patent beats yours in timeliness or that it was already part of the general art in a field by the time you filed. The way you extend is with improvement patents, small additions of improvements that keep taking it forward and making the product incrementally or even largely better than it was.

Even insulin they have been creating new patents constantly for 100 years, better techniques more natural or more absorbable products, products that may be manufactured artificially but use human genes or are not human than an animal product, that can be administered differently, in some fashion that is better for the patient. Etc.

exwannabe

01/13/23 1:00 PM

#559171 RE: Know-Fear #559163

Does the clock on the US application not start until the date of filing even though said application was filed first internationally? And is there a time constraint once filed internationally for same patent to be filed with U.S. patent office?


Nope, If it was that easy to game the system you don't think it would have been figured out?

If a patent is filed internationally, and then later in the US, the US file will claim the priority to the first international patent filed. You can see the reverse in most all the international patents that have been posted here.

The "priority" date starts the clock.

In the case here in question, the patented invention is now by definition obvious thus could never be patented in the US over the international patent. The "claim priority" function is to allow the US patent, but at the cost of the date being set to the first application.