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Old 02-06-2009, 03:53 AM
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Join Date: Feb 2009
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Question

reexamination


I would like to know more about the patent reexamination. After the reexamination, there is also a certificate issued date on the reexamination certificate. For example, for the patent US4785807, "Electrosurgical Knife", the original patent is issued on Nov. 22. 1988. The patent is reexamiated and the certificate is issued on Jul. 16. 1996.

I would like to know in this case, which date should I follow if I want to know the expiration date for the patent? Because the first date should be expired for now, but the second date now is still not expired.

Thank you!
  #2  
Old 02-06-2009, 02:32 PM
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Join Date: Jul 2002
Location: Bay Area, CA
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Quote:
Originally Posted by happysmartboy View Post
I would like to know more about the patent reexamination. After the reexamination, there is also a certificate issued date on the reexamination certificate. For example, for the patent US4785807, "Electrosurgical Knife", the original patent is issued on Nov. 22. 1988. The patent is reexamiated and the certificate is issued on Jul. 16. 1996.

I would like to know in this case, which date should I follow if I want to know the expiration date for the patent? Because the first date should be expired for now, but the second date now is still not expired.

Thank you!
Patent term is based on the original issue date, for patents that were issued prior to June 8, 1995. So the expiration would be 17 years from Nov. 22, 1988, or Nov. 22, 2006. That is, unless there has been a patent term adjustment, which will be listed on either the front page of the patent or the reexamination certificate.
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