They have no Patent on the Nanoparticles only the method of...

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turtlespeed

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10/01/23

18:41

Post #: 65622732
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Originally posted by Dee55Tee: ↑

I did some research on Patent Law and came up with (from Goldstein Patent Law website)
We appear to be OK with Patent term expiry especially if Patent Term Extension is granted.
How Long Is a Utility Patent Good for?
Utility patents are good for a period of 20 years from the date of filing the nonprovisional patent application for the invention. This term of 20 years can be subject to adjustments and extensions, which are explained in more detail below. Utility patents are the main types of patents that are issued. These patents protect the intellectual property of novel products, machines, processes, or compositions of matter that are considered useful. It protects the way something is used and works.
How Long Is an International Patent Good for?When people go to patent a product, they often apply for a patent internationally. There is no “international patent” per se, but the Patent Cooperation Treaty provides a unified procedure for filing patent applications “hold” or establish priority rights in all countries participating in the treaty. An international patent application under the Patent Cooperation Treaty will give you up to 30 months to file “national” applications in the individual countries. The patent law of each individual country will determine the term of your patent in that country. However, most countries have a patent term of 20 years.
How Patent Term Adjustments Affect How Long Your Patent Is Good forThe US Patent Office applies Patent Term Adjustments to account for delays that may take place while your patent is pending. Remember that your patent’s expiration date is dependent on the patent’s filing date, not the patent’s approval date. You may experience delays between the time you file your patent application and the date your patent is issued, i.e., during the patent prosecution phase. The Patent Office may take a while to review your initial application or may take a long time reviewing any changes you make to your application after the Patent Office has issued you an Office Action. To combat this, when there has been an unfair delay at the Patent Office, they automatically apply Patent Term Adjustments when it approves your patent.
How Patent Term Extension Affects How Long Your Patent Is Good forAnother way to extend the life of your patent is through Patent Term Extension. Patent Term Extension extends the term of a patent that claims a product which requires regulatory approval prior to being sold or requires a specific method of using or manufacturing the product. Patent Term Extension most commonly applies to pharmaceuticals, food additives, and medical devices that are regulated by the Food and Drug Administration. Because these products can often take a long time to gain approval by the applicable regulating agency, the Patent Office may extend the life of the patent to account for these regulatory delays. You must apply for Patent Term Extension, and you must apply for it within 60 days of the regulatory approval of the product.

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They have no Patent on the Nanoparticles only the method of injection and the apparatus (squid sensor).

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