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claims the benefit

English translation: comment

08:55 Jan 23, 2004
English language (monolingual) [PRO]
Law/Patents
English term or phrase: claims the benefit
This application claims the benefit of U.S. patent application no. X, filed May 23, 2002.
kgas (X)
Local time: 11:05
Selected answer:comment
Explanation:
here 'claims'is (put crudely) as in...

....'claims lost property' or 'claiming a prize which you have won, but not yet collected'
"you" have a right to the lost property, prize, etc but if you don't officially ask for it ("claim" it, declare/assert that you are entitled to it, "collect it"), then you won't get it.

'the benefit of'...

...(put crudely) the (or some) advantages, rights or privileges that come from [in this case US patent application no.X].

It does look like a US "non-provisional application" claiming the benefit of an earlier "provisional application" with the phrase having a legal meaning described crudely above. Provisional applications for patents are time limited (pending), and the the non-provisional application would be claiming (as above) the advantages, rights and privileges flowing from the provisional application (see ref).

However in law one "thing" often 'benefits' from another "thing" in the same way - a little more context from the asker would have been better.






--------------------------------------------------
Note added at 1 day 9 hrs 19 mins (2004-01-24 18:14:49 GMT)
--------------------------------------------------

(I agree with Pike\'s comment above)
Selected response from:

DGK T-I
United Kingdom
Local time: 10:05
Grading comment
Thanks! You are right. It turned out X was a pending application.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +7It claims that it has a patent
Alex Zelkind (X)
4The application is subject to copyright and benefits from all rights granted by the patent
IMAGDA
3 +1My understanding - patent application and registered patent
Jean-Luc Dumont
4comment
DGK T-I


Discussion entries: 1





  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +7
It claims that it has a patent


Explanation:
Simply speaking.
The application now is completely legit thanks to the benefit of the patent #X


Alex Zelkind (X)
Native speaker of: Native in RussianRussian
PRO pts in pair: 18

Peer comments on this answer (and responses from the answerer)
agree  pike: it benefits from all the rights being conferred upon it by this patent
3 mins
  -> Thank you
agree  Laura Genescu (Briciu)
4 mins
  -> Thank you
agree  Mihaela Sinca: more context could be useful
22 mins
  -> Thank you
agree  matias
1 hr
  -> Thank you
agree  Rahi Moosavi
1 day 11 mins
agree  Rajan Chopra
1 day 5 hrs
agree  Empty Whiskey Glass
9 days
Login to enter a peer comment (or grade)

24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
The application is subject to copyright and benefits from all rights granted by the patent


Explanation:
-emphasize the idea of 'all rights reserved'...maybe

IMAGDA
Local time: 12:05
Native speaker of: Native in RomanianRomanian
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
My understanding - patent application and registered patent


Explanation:
The patent application has been filed but as far as we know (context) here the patent is not or has not been approved or registered yet.

What it says here (and please read below for more detailed and cleared info) is that a person or a company can claim that his/its application is protected, covered and "legitimized" by and through the application process, just as if the patent were already registered - which is possible based on the patent application.


Register Patent
When You Register Patents
The law provides many strict guidelines and rules to those who are filing applications to register patents. The approval wait time varies from patent to patent. Depending on the certain circumstances of the applicant, a patent could take up to 1.5 to 2.5 years to be registered.

There are certain circumstances that accelerate the approval process. Certain factors such as age and health are taken into consideration during the registration process. The government decides if they think the process should be sped up or not. Other factors such as your invention's importance to society will be taken into consideration, only it is requested by the inventor.

Waiting Period
Once you have filed your application and you are going through the waiting period for approval on your invention, some people think that they have to wait to market and sell their product until they are officially registered. That is not entirely true.

Depending on the type of application you filed, you are entitled to proceed with marketing and selling your product. Make sure you and your attorney or agent is confident that all paperwork was filled out appropriately. You are still going to run the risk that someone else out there holds the same patent. In general, I suggest you register patents with caution.


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Note added at 9 hrs 7 mins (2004-01-23 18:03:37 GMT)
--------------------------------------------------

also ambiguity on the word \"application\"

could be : the software application claims it is \"covered\" by its patent application as if it were entitled to the same rights and benefits provided by a registered patent

--------------------------------------------------
Note added at 9 hrs 8 mins (2004-01-23 18:03:56 GMT)
--------------------------------------------------

also ambiguity on the word \"application\"

could be : the software application claims it is \"covered\" by its patent application as if it were entitled to the same rights and benefits provided by a registered patent

--------------------------------------------------
Note added at 9 hrs 8 mins (2004-01-23 18:04:09 GMT)
--------------------------------------------------

also ambiguity on the word \"application\"

could be : the software application claims it is \"covered\" by its patent application as if it were entitled to the same rights and benefits provided by a registered patent

Jean-Luc Dumont
France
Local time: 11:05
Native speaker of: French
PRO pts in pair: 24

Peer comments on this answer (and responses from the answerer)
agree  AlxGr8
1 hr
Login to enter a peer comment (or grade)

23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
comment


Explanation:
here 'claims'is (put crudely) as in...

....'claims lost property' or 'claiming a prize which you have won, but not yet collected'
"you" have a right to the lost property, prize, etc but if you don't officially ask for it ("claim" it, declare/assert that you are entitled to it, "collect it"), then you won't get it.

'the benefit of'...

...(put crudely) the (or some) advantages, rights or privileges that come from [in this case US patent application no.X].

It does look like a US "non-provisional application" claiming the benefit of an earlier "provisional application" with the phrase having a legal meaning described crudely above. Provisional applications for patents are time limited (pending), and the the non-provisional application would be claiming (as above) the advantages, rights and privileges flowing from the provisional application (see ref).

However in law one "thing" often 'benefits' from another "thing" in the same way - a little more context from the asker would have been better.






--------------------------------------------------
Note added at 1 day 9 hrs 19 mins (2004-01-24 18:14:49 GMT)
--------------------------------------------------

(I agree with Pike\'s comment above)


    Reference: http://www.uspto.gov/web/offices/pac/provapp.htm
DGK T-I
United Kingdom
Local time: 10:05
PRO pts in pair: 401
Grading comment
Thanks! You are right. It turned out X was a pending application.
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