Navigating the world of patents can be complex. Understanding patent duration can be a key part of your patent journey. Patents offer inventors exclusive rights to their inventions. But these rights don’t last forever.
So, how long do patents last? The short answer is that it depends on the type of patent and other factors.
By the end of this guide, you’ll have a comprehensive understanding of patent lifespans. We’ll also discuss factors that influence patent expiration, and we’ll look at the implications of patent duration for inventors, businesses, and startups.
What is a Patent?
A patent is a government-granted right that gives inventors exclusive rights to their inventions. It’s a form of intellectual property protection that prevents others from making, using, or selling the invention without the inventor’s permission. This exclusivity encourages innovation by allowing inventors to profit from their inventions.
Types of Patents and Their Durations
There are three main types of patents: utility patents, design patents, and plant patents. Each type of patent has a different duration.
The duration of a patent is the period during which the patent holder has exclusive rights to the invention. After this period, the invention enters the public domain, meaning anyone can now use, make, or sell the invention without infringing on the patent.
Utility Patents
Utility patents protect new and useful processes, machines, manufactures, or compositions of matter. They are the most common type of patent.
The duration of a utility patent is generally 20 years from the filing date. However, this can be subject to payment of maintenance fees, as failing to pay maintenance fees may result in the lapse of your patent.
Design Patents
Design patents protect new, original, and ornamental designs for an article of manufacture. They cover the appearance of an object rather than its functionality, and can be combined with a utility patent to protect the form of a product.
Design patents have a duration of 15 years from the date of grant. Unlike utility patents, no maintenance fees are required for design patents.
Plant Patents
Plant patents protect new and distinct, invented or discovered asexually reproduced plants. This includes mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state.
Plant patents have a term of 20 years from the filing date. Like utility patents, plant patents require payment of maintenance fees to keep the patent in force and failing to pay these fees may result in the lapse of your patent.
Factors Influencing Patent Duration
The duration of a patent is not always straightforward. Several factors can influence how long a patent lasts.
One key factor is the type of patent. As mentioned, utility, design, and plant patents have different durations, so understanding which kind of patent you are filing for or have is important when assessing your specific patent’s lifespan. A seasoned patent attorney can help you confirm how long your patent will last.
Another factor is the payment of maintenance fees, paid to the United States Patent and Trademark Office (USPTO). For some patents, these fees must be paid to keep the patent in force.
Maintenance Fees and Renewals
Maintenance fees, also known as renewal fees, are payments made to the USPTO to keep a patent in force. These fees are typically due at regular intervals after the patent is granted.
For utility and plant patents in the United States, maintenance fees must be paid at 3.5, 7.5, and 11.5 years after the patent is granted. Failure to pay these fees results in the patent expiring before its maximum term, which means you’ll no longer hold the exclusive rights to your invention.
Design patents, on the other hand, do not require the payment of maintenance fees in the United States.
Patent Term Adjustments and Extensions
In some cases, the term of a patent can be adjusted or extended. This can occur when the patent office has taken longer than usual to process the patent application.
Patent Term Adjustments (PTAs) compensate for delays caused by the patent office in the approval of the patent application. They add extra time to the patent’s term.
Patent Term Extensions (PTEs) – also known as patent term restoration — are granted for specific products, such as pharmaceuticals or medical devices, that require regulatory approval before they can be marketed. These extensions compensate for the time the product was under development and could not be sold.
The team at Schell IP has an extensive background in biomedical patents and can help you determine whether or not your patent is eligible for PTAs or PTEs. If eligible, our team can also help you file for extension.
The Impact of Patent Expiration
When a patent expires, it has significant implications. The invention becomes public domain, and anyone can use, make, or sell the invention without the need for a license.
This can lead to increased competition, as other companies can now enter the market with similar products. It can also stimulate further innovation, as others can build upon the patented invention.
Entry of Generic Products
One of the most noticeable impacts of patent expiration is the entry of generic products. This is particularly evident in the pharmaceutical industry.
When a drug patent expires, generic manufacturers can produce and sell the same drug. These generic drugs are usually sold at a lower price, making them more accessible to consumers.
Market Competition and Innovation
Patent expiration can also stimulate market competition and innovation. Once a patent expires, other companies can use the patented technology to develop new products or improve existing ones.
This can lead to a surge of innovation and the development of new technologies. It can also result in lower prices and more choices for consumers.
How to Calculate Patent Expiration
If you’re interested in understanding how long a patent for your invention would last, we recommend consulting a patent law firm like Schell IP. To understand how long a patent will last, a patent attorney may need a clear understanding of the patent’s filing date, type, and any adjustments or extensions.
For utility and plant patents, the general rule is that they last for 20 years from the filing date. However, this can be extended under certain circumstances, previously mentioned. Design patents, on the other hand, last for 15 years from the date of grant.
It’s important to note that failure to pay maintenance fees can result in early expiration. Keeping track of these dates and fees is crucial for maintaining patent rights.
Understanding patent duration is crucial for inventors, businesses, and anyone involved in the commercialization of new technologies as patents can provide a competitive edge. It influences strategic planning, investment decisions, and market competition.
Schell IP can help transform your ideas into valuable assets for your business. Book a free consultation today.
