Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

When a patent is granted, what is the start date of the patent? see details Urgent!!!!?

If I apply for a provisional patent on 1st of Jan and then the formal complete application on 1st of Feb, once the patent is granted does the patent date start from 1st of Jan or 1st of Feb.

1 Answer

  • 8 years ago
    Favorite Answer

    Once your patent is issued, the duration of the 20 years is calculated from your earliest priority filing. If your non-provisional does not reference the provisional, the date would be from Feb.

    During prosecution (examination) of the application, the Jan v Feb date will determine the scope of the "prior art" considered "already published" prior to your filing date. If someone filed a similar application during January, you'd have presumption of priority during the interference. The rules changed a few weeks ago, so you would need expert advice on what happens during the transition.

    Source(s): 35 USC § 154
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