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Australian Patent Law - Inventor Rights after Patent Expiry?

Discussion in 'Intellectual Property Law Forum' started by Glenn123, 7 February 2015.

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  1. Glenn123

    Glenn123 Member

    7 February 2015
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    Hi guys, first time using this forum and need some advice.

    If say for example, I develop a patent in 1993, and a drug company develops a new drug from my patent, and launch it in 2013, would i have a right to any of the proceeds even after the patent has expired? The drug company has spent the period between 1993 - 2012 developing the product using the patent, but only started commercializing and selling the product in 2013 (after the patent expired). The drug company did not approach the inventor for any type of sale/royalty stream during that time. Does the inventor have rights under intellectual property law?

  2. Worldly1

    Worldly1 Well-Known Member

    25 April 2014
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    Was it a standard patent or pharmaceutical patent? I would have expected a pharma patent to last longer than 20 years, so did you just have a standard one?

    Unfortunately, you don't have rights after the patent expires. Patent holders need to take action before their patent expires. After it expires, its too late and others will innovate and expand on it.

    You may find this article an interesting read about the CSIRO, innovation and their wifi patents: End of an era? CSIRO wifi patent nears expiry - Strategy - Training & Development - News -
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Yep, once patent expires your invention is up for grabs.
    DennisD likes this.

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