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ARTICLE · 14 JUNE 2021

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Patents, dead or alive: Status, expiry dates and kind codes – Part 1

At a basic level, a patent application is dead or alive, but there are other ways to describe patent status information.

AustraliaIntellectual Property

You've found a patent of interest but how do you know if it's dead or alive, and if alive, when it expires, and what exactly do those kind codes indicate?

I'll explore all these in a three part series of articles, starting with where to find status information and what it means.

Statuses

Some patent offices explicitly report the status of an application, while others make you dig a little deeper, and some make you work hard for that information. Before we get to who's who and what's what, let's look at what the language around statuses is.

At the most basic level a patent is dead or alive, but within those labels there are a number of ways to describe where in the patent lifecycle they are. Statuses in both categories are split into pre-grant and post-grant. Every patent office has its own language around statuses. Here's a selection.

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Shelston IP ranked one of Australia's leading Intellectual Property firms in 2015.

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