Patent term of an international application

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  • Germany – PCT / Patent Term (MPEP 1800)


One question asked about a PCT application that was filed in Germany before Nov 29, 2000 (95 or 96)

and asked when to measure the US patent term (I hope it was from the date of the PCT application

and not when it entered the national stage).


2701 Patent Term
[...]
INTERNATIONAL APPLICATIONS
A patent granted on an international application filed on or after June 8, 1995 and which enters the national stage
under 35 U.S.C. 371 will have a term which ends twenty years from the filing date of the international application.
A continuation or a continuation-in-part application claiming benefit under 35 U.S.C. 365(c) of an international
application filed under 35 U.S.C. 363 designating the United States will have a term which ends twenty years from
the filing date of the parent international application.
FOREIGN PRIORITY
Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), or 365(b) is not considered in determining the term of a patent.
Accordingly, an application claiming priority under 35 U.S.C. 365(a) or 365(b) has a term which ends twenty years
from the filing date of the application in the United States and not the prior international application.
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