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Does anyone know what the mechanism is for these deferred patent grants? Is there a special carve-out for government classified patents in the law, or is this w
by x1798DE 11y ago
Does anyone know what the mechanism is for these deferred patent grants? Is there a special carve-out for government classified patents in the law, or is this within the discretion of the USPTO?
It really seems like you should either have to file and publish in a reasonable timeframe or just not be granted a patent at all. Otherwise, you could "classify" your patents until someone else is on the verge of re-inventing it, then declassify it and have your cake and eat it too.
- hedgehog 11y agoThe application for the first one is not obvious to me but the other two look like they had immediate applications in missile systems. Looking at what they were doing and who the employers were they probably came about as part of government-funded research and so the customer would have reviewed all of the output as a matter of course.
- poof131 11y agoThe first one seem very applicable to laser guided bombs.
- x1798DE 11y agoMaybe you misunderstood me, but I meant the legal mechanism by which you can defer publication/examination of a filed patent for over 20 years before having it granted. It seems to me that that is a de facto increase of the patent term, so I was wondering whether there's a statutory provision for this and if so, where.
- hedgehog 11y agoI see, yes it would be interesting to know how that works.