Replies to post #21361 on Cytogenix (fka CYGX)

[downregul8]

Cacher - From the USPTO

“The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date of the earliest such application was filed, and subject to the payment of maintenance fees as provided by law. A maintenance fee is due 3 1/2, 7 1/2 and 11 1/2 years after the original grant for all patents issuing from the applications filed on and after December 12, 1980. The maintenance fee must be paid at the stipulated times to maintain the patent in force. After the patent has expired anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used. The terms may be extended for certain pharmaceuticals and for certain circumstances as provided by law.”

Don’t quote me on this one but I believe that when the GATT treaty was enacted the clock on patents was changed from the issue date to the application date to make the US and European systems more similar and to eliminate some of the “submarine” patent tactics whereby someone would file for a patent and perpetually change it to extend the life. I did not see any specific cut off dates so I don't know if this change was granfathered or not or whether that affects any of the cygx patents but since the primary ssDNA patent has already been issued the clock is already ticking either way.

As for the accounting of small revenues being a pain in the but - so to speak - probably, but they've done that in the past. If you look at past statements they recorded an $80K license deal as revenue. It wouldn’t take a large order of ssDNA to make that much since there was no restriction on the manufacturing technique and their new method is not up and running, the current cost is $250K/gram + $50K/gram profit would mean $300K/gram would be counted as revenue.