All too often, people are unsure of the answer to a question that is vital in their lives - how long does a patent last? The length of time that a patent lasts is dependent upon what type of patent it is and when it was filed. This blog post will focus on answering this question.
STEP ONE: Know the Type of Patent
The first step to knowing how long does a patent last is knowing what type of patent it is.
There are three different categories for this answer:
1. Utility Patent
2. Design Patent
3. Plant Patent (similar to a utility patent)
Utility patents last 20 years from the date that they were filed. Once the patent has expired, the public is free to use whatever was listed in the patent.
Design patents last 14 years and protect an appearance and not a function. After the design patent expires, anyone may copy the appearance as long as it is functionally different from what was patented.
Plant patents last 17 years and provide protection for any asexually reproduced plant. The patent does not protect the plant's appearance.
STEP TWO:Know Your Filing Date
In the United States, a patent application is considered to be filed on the day that a provisional patent application was filed or on the day that a non-provisional patent was filed.
This is an extremely important distinction as it will determine whether a patent has 20 years from the filing date or 20 years from when the patent was issued by the United States Patent and Trademark Office.
For example, let's use a utility patent as our working model. The aforementioned utility patent was filed in January of 2014 for something invented in August of 2013. In this situation, the beginning part is important because it means that your specific type of utility patent would have been filed on August 1, 2014 - not January 1, 2014 if it is a non-provisional patent.
From the filing date, we can determine that the utility patent expires on January 1, 2034. This date is 20 years from when it was filed and NOT 20 years from when it was issued by the USPTO (2034 instead of 2024).
STEP THREE: Use Proper Patent Searching Tools
Using patent searching tools such as Google Patents or Justia Patents will provide you with up-to-date information about how long does a patent last for your particular situation. Check back frequently to stay up to date on what type of patents are still valid and which ones have already expired so that you do not infringe upon an expired patent while developing your product or service!
STEP FOUR: The Provisional Patent Application
A provisional patent application is an agreement between you and the USPTO (United States Patent and Trademark Office). You make a payment to them (usually between $65-100), they give you a filing date, and then they let you know that your idea may be protected for up to 1 year.
This is not mandatory; however, it provides some good legal cover if someone tries to blatantly rip off your idea. It also gives you time to research how long does a patent last before investing money into it so that you can see what types of patent are still valid or expiring. If your non-provisional patent has already expired, this means both entities can go ahead with their product releases without worrying about infringing upon one another's patent.
STEP FIVE: The Effect of Having a Patent Pending
If you have a patent pending (meaning that your application has been submitted to the USPTO and they are reviewing it), this means that no other party is allowed to talk about, share information on, or develop anything related to your invention without your permission.
This does not mean that another entity cannot file for their own patent and produce something similar - as long as their product or service's release date is after yours. For example, if Company A filed an application with the USPTO for a particular utility patent on June 30th of 2018 but did not receive approval until April 1st 2019, Company B can begin selling their product even if Company A's patent has been approved. This allows companies to compete in the market space by being the first to the patent office with a product.
STEP SIX: It Also Matters When You Filed
When you file your patent application also influences how long your patent lasts. This is because the patent office takes into consideration how long it has been since you began development. In this situation, it could be as early as the day that you wrote down your idea, which would mean up to 1 year from that date.
Thank you for reading this article. I hope this article my help you to understand how long does a patent last.
