JGoren:
RE: Submarine Patents and GATT
Maybe this will help, prior to GATT, once a patent was issued, the assignee (or owner of the patent) received a fixed 17 years worth of coverage.
Now, for example, let's assume that you (JGoren) came up with idea 'A' and was never disclosed or implemented previously. However, you feel that 'A' will not be implemented in the next few years, but in tens of years. Therefore, you file a patent application with the office. Instead of receiving a patent, you continually abandon and re-file your case. When you refile your case, the PTO will generally grant you your earliest filing date. Now, let's say 15 years later, your idea 'A' becomes commercially viable and corporations start applying for patents on 'A'. Then you receive the patent from the PTO and start suing those corporations for patent infringment. In the US, all patent applications are considered secret, which means the US PTO will not publish an application unless it becomes a patent. Remember, Pre-GATT treaties, the owner receives 17 years after the date of issuance/patent.
HOWEVER, in the Post GATT treaty, when one files an application, the entity get 20 years from date of application. Therefore, if the application sits in the PTO for 5 years and then issues, the patent owner/assignee only receives 15 years.
Also, one cannot sue for patent infringment while an application is pending, only when it becomes a patent.
dave |
