How Long Does a Patent Last
When inventors apply for a patent they often ask, "How long does a patent last?" The answer to this question is
both simple and complex at the same time. The general answer to this question is 20 years from the date the
application for the patent was filed. However, patents may have varying durations based on the unique set of
circumstances surrounding the invention and the date the patent application was filed. For example, design patents
only have a term of 14 years and patent applications filed before June 8, 1995 are covered by different rules. When
inventors desire to patent their ideas or inventions, it may be in their best interests to contact an attorney
experienced in intellectual property law.
Factors that affect the duration of a patent include things such as: the type of patent, when the application for
the patent was filed, when and where the patent was issued, does a terminal disclaimer exist, if associated
maintenance fees have been paid, and if the patent is eligible for special adjustments. The three main types of
patents for which inventors may apply based on the type of patent protection they need and the subject matter the
patent will cover include: design, plant, and utility. Utility and plant patents usually last for up to 20 years,
and design patents last for up to 14 years.
How long does a patent last? The answer to this question will depend on the type of patent for which the inventor
has filed and the date the application was filed. Patent applications that were filed after June 8, 1995 will
typically have a duration of either 14 years or 20 years. Patent extensions are only allowed by a special act of
Congress. Individuals that have additional questions regarding patent durations should contact an intellectual
property law attorney for assistance. Intellectual property law attorneys are skilled in the area of patents and
can provide expert legal counsel to inventors seeking patents for their inventions.
Last Modified: 03 December 2009
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