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Priority Date
The priority date is perhaps the most critical date in patent law because it sets the benchmark against which the novelty and inventiveness of the invention are evaluated. The priority date gives the applicant priority over others for the same invention, meaning that subsequent disclosures or filings by others concerning the same or a substantially similar invention will not affect the novelty of the originally filed invention. The priority date could be:
- The date on which an inventor first files a patent application for an invention, either in a national patent office or under a treaty that the country recognizes, such as the Paris Convention or the Patent Cooperation Treaty (PCT).
- The filing date of an earlier application in which the current application "claims priority to."
Filing Date
The filing date is the date on which a patent office receives a patent application that meets the basic filing requirements. For national applications, this is simply the date the application is submitted to the patent office. In the context of a PCT application, the initial filing date under the PCT serves as the international filing date and can also serve as the priority date if it is the first filing for that invention.
371(c) Date
The 371(c) date, also known as the national stage entry date, specifically pertains to international patent applications filed under the Patent Cooperation Treaty (PCT). The PCT process allows an inventor to file one international patent application to seek protection for an invention in multiple countries simultaneously. Each PCT application goes through an international phase, during which it is assessed by the International Searching Authority.
After the international phase, to proceed in each designated or elected state, the application must enter the "national phase" in each of those jurisdictions. The "371(c) date" refers to the date on which the international application transitions into this national phase in a particular jurisdiction. According to PCT Article 22 or 39(1), applicants must fulfill certain requirements by this date, which might include payment of national fees and submission of translations of the application. This date is crucial as it marks the continuation of the patent prosecution process in each of the national patent offices where protection is sought.
Issue Date (or Grant Date)
This is the date on which the patent is officially granted by the patent office. From this date, the patent owner obtains the exclusive rights to exclude others from making, using, selling, or importing the patented invention.
Publication Date
Most patent applications are published 18 months after their earliest filing or priority date (unless a non-publication request is made). The publication date is when the details of the application become publicly accessible, allowing the public to begin assessing the potential scope and impact of the patent once granted.
Maintenance Fee Due Dates
Patent owners must pay maintenance fees (also known as renewal fees or annuities) at regular intervals to keep the patent in force. These fees are typically due several years after the issue date and continue throughout the life of the patent. Failure to pay maintenance fees results in the patent expiring (although it can be revived depending on how much time has elapsed since the maintenance fee was due).
Expiration Date
This date marks the end of the patent's term, after which the patented invention enters the public domain. In most countries, the standard patent term is 20 years from the filing date of the application, assuming all maintenance fees are paid. However, this can be extended under certain circumstances, such as regulatory review periods for pharmaceutical patents. Following the AIA, patent terms can be adjusted (via Patent Term Adjustment (PTA)) due to delays in the patent office in examining the patent.
PCT National Phase Entry Deadlines
For PCT applications, typically, the deadline to enter the national phase in designated countries is 30 months from the earliest priority date. This period can vary slightly depending on the regulations of the particular national patent office.
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USPTO kind codes are two-letter codes used by the United States Patent and Trademark Office (USPTO) to identify the kind of patent document and its publication status. These codes are appended to the patent number and help to distinguish between different types of patent documents such as utility patents, design patents, plant patents, and others, as well as their status, like whether they are published applications or granted patents.
Here's a breakdown of some common USPTO kind codes used for utility patents:
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WIPO ST.16 Kind Codes
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Kind of document
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Comments
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A1
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Patent Application Publication
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Pre-grant publication available March 2001
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A2
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Patent Application Publication (Republication)
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Pre-grant publication available March 2001
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A9
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Patent Application Publication (Corrected Publication)
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Pre-grant publication available March 2001
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B1
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Issued Patent
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No previously published pre-grant publication
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B2
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Issued Patent
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Having a previously published pre-grant publication and available March 2001
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C1, C2, C3
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Reexamination Certificate
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Previously used codes B1 and B2 are now used for granted Patents
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E
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Reissue Patent
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No change
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These kind codes are part of a broader international system used by many patent offices, known as the "kind code system," which facilitates the identification and categorization of patent documents globally.
See USPTO for additional information.
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3GPP (3rd Generation Partnership Project) is a collaborative project established in 1998 that brings together several telecommunications standards organizations to develop protocols for mobile telecommunications. These standards encompass not only third-generation (3G) wireless technologies but also have evolved to include 4G LTE and 5G technologies. The aim of 3GPP is to facilitate the production of internationally applicable technical specifications and reports for a full range of mobile systems, contributing to the global scalability and interoperability of telecommunications networks.
Key Features of 3GPP:
- Unified Standards: 3GPP aims to establish a globally agreed set of standards that ensure network interoperability and streamline technology deployment worldwide.
- Evolving Technology: Starting from 3G specifications, 3GPP has continuously evolved to include 4G LTE and the latest 5G technologies, shaping the core of modern mobile communication.
- Technical Specifications: The project delivers Technical Specifications and Technical Reports, which are detailed documents outlining standards for network architectures, interfaces, protocols, and functionalities.
Organizational Structure:
3GPP consists of several organizational partners, each representing different geographical regions and their respective telecommunications standards bodies. These partners are:
- ATIS (Alliance for Telecommunications Industry Solutions) - North America
- ETSI (European Telecommunications Standards Institute) - Europe
- TTA (Telecommunications Technology Association) - Korea
- ARIB (Association of Radio Industries and Businesses) - Japan
- TTC (Telecommunication Technology Committee) - Japan
- CCSA (China Communications Standards Association) - China
- TSDSI (Telecommunications Standards Development Society, India) - India
Relationship Between 3GPP and Its Organizational Partners:
- Standard Development: Each organizational partner contributes to the standard development process by providing insights, research, and proposals based on their regional market requirements and technological advancements.
- Representational Role: These partners represent the interests and technical viewpoints of their respective regions, ensuring that the developed standards are applicable and beneficial globally.
- Coordination and Approval: The organizational partners coordinate among their member companies and institutions to discuss, review, and ultimately approve the specifications developed by 3GPP. This collaboration ensures a high level of technical rigor and market relevance.
- Implementation and Compliance: Once the standards are established, these partners work within their regions to implement the standards and monitor compliance, facilitating global interoperability of mobile networks.
The synergy between 3GPP and its partners is crucial for creating robust, scalable, and interoperable telecommunications standards that not only drive technological innovation but also ensure a coherent and unified approach to global telecommunications infrastructure development.
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3GPP IPR (Intellectual Property Rights) declarations are formal statements made by participants in the European Telecommunications Standards Institute (ETSI), Alliance for Telecommunications Industry Solutions (ATIS), etc. These declarations are made by companies or individuals who claim to hold intellectual property rights, specifically patents or patent applications, which are essential to the implementation of 3GPP standards. 3GPP organization partners require participants in the standards development process to declare these essential IPRs as a way to manage and mitigate potential patent-related conflicts and to ensure that all relevant technologies incorporated into the standards can be accessed by users under Fair, Reasonable, and Non-Discriminatory (FRAND) terms.
Key Points of IPR Declarations:
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Declaration of Essentiality: Patent holders declare that they hold patents which are essential to a 3GPP standard. This does not mean that the patents have been independently verified as essential; it is based solely on the patent holder's claim.
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Licensing Commitment: By making an IPR declaration, the patent holder typically commits to license their essential patents on FRAND terms, although the specific licensing terms are usually negotiated separately.
You can find the ETSI IPR policy here: https://www.etsi.org/intellectual-property-rights
You can find the ATIS IPR policy here: https://atis.org/policy/patent-policy/
Here is the ETSI IPR declarations database: http://ipr.etsi.org.
Caveats to Keep in Mind When Searching the ETSI Declarations Database:
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Self-Declared Essentiality: The essentiality of patents is declared by the patent holder and is not independently verified by ETSI. Therefore, users of the database should be aware that a declaration does not guarantee that a patent is actually essential to a standard.
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Inclusivity of Database: Not all essential patents may be declared in the ETSI database. Some patent holders might choose not to declare their patents, or there may be patents that are essential but unknown to their holders.
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Accuracy and Updates: The ETSI declarations database depends on the information provided by the patent holders. It can sometimes be outdated or incomplete if patent holders do not promptly update their information following changes in patent ownership or status.
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Legal and Licensing Implications: Declarations do not provide detailed information about licensing terms, which need to be negotiated separately. Users must contact patent holders to discuss licensing.
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Broad and Multiple Declarations: Some companies may declare entire patent families or a large number of patents as essential to cover various aspects of a standard, which can make it challenging to determine the specific patents that are truly essential.
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Geographical Coverage: The relevance of the declared patents can vary by country, as patent protection is territorial. Thus, a patent declared as essential in the ETSI context might not be registered or enforceable in every jurisdiction.
- Declarants' legal identity: When searching for declarations for a known company, keep in mind that patents might be declared under an affiliated business entity such as, a licensing or IP holding entity affiliated with the company, subsidiaries in different countries, etc. E.g., Vodafone IP Licensing Limited, Vodafone Libertel BV, Vodafone Ltd, etc.
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As a patent firm with a rich background in engineering, Kama Thuo, PLLC specializes in the nuanced analysis and optimization of patent portfolios covering a range of technologies, including analog and RF circuits, radio front-end modules, and wireless infrastructure equipment. By combining in-depth legal knowledge with hands-on technical experience, Kama Thuo can provide targeted prosecution and strategic transaction advice. This ensures robust protection and effective management of your intellectual property in the competitive wireless sector.