Information on Patent Dates
As protection for an inventor, a patent provides a government-approved monopoly for a limited period of time approved by the U.S. government. This authorization is tracked and limited by specific dates. However, the patent approval process has a couple different dates, and people wanting to know the effective period of patent need to pay attention to the right patent date.
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Definition
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The official patent date is the calendar day that the final, approved patent is issued by the U.S. government. This frequently gets confused with the date that the patent application is first filed. It is the final approval patent date that provides the federal protection for the inventor/patent filer.
Background
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The patent date is important because it reflects the starting point for how long a patent protection lasts. Patents are not approved for forever; prior to 1995, an approved patent lasted for 17 years. After 1995, the protection was extended to an even 20 years from the final patent date.
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Patent Filing Date
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The initial filing date represents the first recognized record affirmed by a federal office. This does retain legal importance for an inventor to prove when he first showed proof of creating an invention. However, it does not translate approval of the patent by the federal government. Under review, the invention could very well have been found to have been developed by someone else earlier. However, the filing date helps later when there is a conflict after an approved patent and a third party tries to assert an invention claim prior to the patent date.
Invention Dates
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Some reviewers or researchers looking to see if a patent has expired or exists may be confused by the invention date being the trigger point for a patent protection clock. This interpretation is incorrect. An invention date may in fact be years before the inventor ever decides to file and pay for the official patent process. However, the federal government offers no protection for any time period prior to its review and approval.
The Priority Date
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For international purposes, a priority date tracks the calendar day a patent is established as authorized by a government anywhere in the world, not just the U.S. This type of patent date is used in helping recognize international patents under international trade treaties providing reciprocal protection between countries. However, simply because a priority date exists doesn't mean every country will recognize it. Unless an American inventor's home country has a trade agreement assuring such protection, or some kind of trade alliance providing similar, that inventor may not have any market protection outside the U.S.
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References
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