Patents reset

Effect on Issued Patents and Pending Applications. The GATT provisions extend the term of certain already issued U.S. patents to the greater of 17 years from the date of issue, or 20 years from the priority date of the original application. Hence, patents "in force" on June 8, 1995 and patents resulting from applications filed before June 8,1995 will have the longer of the 17- or 20-year terms. The patent term will be "reset" for patents "in force" on June 8,1995, which had a pendency period of less than 3 years (20). The effect of a reset patent term is shown in Table 20.2. 

Remedies for infringement for such "reset" patents are generally the same as those available during the original term of the patent (i.e., the 17-year term) (22). The effect of such "reset" patents on existing licenses will, at least in the first instance, be determined by negotiations between the parties. 

There are limits on the remedies available for acts or activities that "were commenced or for which substantial investment was made before" June 8,1995 and that became infringing because of a "reset" patent term. In such cases, payment of an "equitable remuneration" will allow for the continuation of such acts. 35... 

---