Glossary entry (derived from question below)
English term or phrase:
extension
Polish translation:
przedłużenie okresu ochrony patentowej
Added to glossary by
Frank Szmulowicz, Ph. D.
Oct 31, 2017 22:10
6 yrs ago
1 viewer *
English term
extension
English to Polish
Law/Patents
Law: Patents, Trademarks, Copyright
general
“Intellectual Property Rights” means any and all patent rights (including but not limited to divisionals, extensions, improvement patents, supplementary protection certificates), ...
Proposed translations
(Polish)
3 | przedłużenie okresu ochrony patentowej | Frank Szmulowicz, Ph. D. |
Change log
Nov 7, 2017 11:21: Frank Szmulowicz, Ph. D. Created KOG entry
Proposed translations
1 hr
Selected
przedłużenie okresu ochrony patentowej
This report surveys the law on extensions and adjustments of patents in nine jurisdictions: Australia, Canada, the European Union, France, Germany, Israel, Japan, South Korea, and the United Kingdom. All of the surveyed jurisdictions provide for a standard patent term of twenty years, and all of them except Canada provide for extensions of protection for certain products that are subject to regulatory approval before they can be marketed. While Canada currently does not have legislation providing for extensions of patent protection, it is currently negotiating a trade agreement with the European Union that in draft form provides for patent term extensions of two to five years for qualifying pharmaceutical products.
https://www.loc.gov/law/help/patent-terms/index.php
https://www.loc.gov/law/help/patent-terms/index.php
4 KudoZ points awarded for this answer.
Discussion
this needs so called - validation, then can be extended, thus the context refers to the territorial rights
It’s complicated.
Once a patent application matures into a patent, the scope of patent protection, as defined by the patent claims, is fixed. Patent owners generally want to broaden protection if the existing patent does not include claims that stop inventors from competing against the patent owner. The scope of the claims cannot be broadened except for a few, post-grant procedures such as a “broadening re-issue application”. However, the broadening amendments that can be made to the claims in the broadening re-issue application are limited and may be insufficient to secure a claim broad enough to encompass the competitor’s product.
https://ocpatentlawyer.com/lesson/broadening-patent-protecti...
B. Extending the patent:-
Get a term adjustment:-
If the patent filing procedure took a longer time than usual, then you are eligible to file for extending the term of your patent. It cannot be greater than 5 years.
Increase your patent term:-
If you were granted a patent for a period less than the time the legislation allows, then you are eligible for an extension of your patent term.
File an extension with the patent office:-
You then need to file for an extension with the patent office. Be sure to check the fee and the procedure required.
https://www.legalraasta.com/blog/procedure-extend-patent-pro...
Obawiam się, że chodzi tu o rozszerzenie ze względu na zakres ochrony w przyszłości, ale w trakcie - maksymalnie tych 25 lat (termin biegnie od daty zgłoszenia), a nie o okres ochrony.