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by johndlafayette 5581 days ago
From my limited understanding, if you simply submit a application, you are protected until it is reviewed plus the time granted with a patent. So if you pay the new smaller amount, and it takes the PO 5 years to review your patent instead of the normal 1 for corporations, you'll have an extra 4 years of protection over the life of the patent. Clock starts once it's reviewed and accepted, but protection starts once it's filed. Depending on how much cheaper this is for small businesses, it could potentially help them out by offering longer protection for less money, if only because it takes longer for their patents to be reviewed.

But I think I agree with asnyder for the most part. Most people don't even know where to start, and may lose protection simply because they didn't know what to do before the idea spread and someone else with the know-how made the product and patented it.
1 comments
anamax 5580 days ago
> Clock starts once it's reviewed and accepted, but protection starts once it's filed.

If so, that's a change (back).

A "long time ago", the clock started at issue, so some folks filed and kept an application alive for (in some cases) decades until the patent was worth something. They then let it issue and ... profit. That's what was known as "submarine patents".

A while back (20+ years IIRC), the rules were changed so the clock started on filing. (Despite that, some folks still rant about submarine patents.)

Have those rules really changed back? When?

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johndlafayette 5579 days ago
I apologize for being unclear. You are correct on the clock starting, but the clock can also be adjusted by the PTO if your patent is delayed in approval if I am understanding what is below correctly. If all patents granted to 'small business/inventors' are delayed to a great extent due to larger companies paying more for earlier patent approval, I assume that smaller inventor's patents will be adjusted, allowing them a longer term of protection, as they can start their business as soon as they file.

See #3 here (also great info on patents in general): http://www.bpmlegal.com/howtoterm.html

"Patents based on applications filed on or after May 29, 2000 (actual filing date, not priority date), might have had their terms extended for Patent Office delays beyond certain limits. Such extensions, called "patent term adjustments", are automatically given when the patent is issued, and they are usually marked on the face of the patent, flagged with "()". For example, see patent 7,613,700 - "() Subject to any disclaimer, the term of this patent is extended or adjusted under 35 USC 154(b) by 291 days." These adjustments are calculated mathematically based on a formula which takes into account when each office action was sent by the USPTO as compared with a standard for such actions, and subtracts any delays caused by the applicant's delay, and so on."

However, if the standard is now different because of the new law, or if it is segmented by pricing, I have no clue what may happen.

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anamax 5579 days ago
> I apologize for being unclear. You are correct on the clock starting, but the clock can also be adjusted by the PTO if your patent is delayed in approval if I am understanding what is below correctly.

It's only adjusted if delayed "as compared with a standard for such actions". I'll bet that the vast majority of patents get no such adjustment because the office actions were within standard, even if their issue takes 5 years.

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