Is a Patent Retroactive?

Posted by Michael Shimokaji | Aug 21, 2014 | 0 Comments

Question: After I get a patent, is it retroactive?

Question Detail: I've heard through the grapevine that it takes a while to get a patent. Once I get it, is it retroactive to when I first submitted the application?

 Answer: Your patent rights start from the day your patent issues. For purposes of determining conflicting rights to the same invention, the patent office will look at your filing date.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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