How long does a patent last?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 14, 2023
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UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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How long a patent lasts depends on the type of patent being issued and the country issuing the patent. For example, under recent changes in the laws, in the United States, patents are now granted for a term of 20 years from the date of application (14 years for design patents). Different rules apply for patents from applications filed before June 8, 1995. Patents may be extended only by a special act of Congress, except for certain pharmaceutical patents.
After the term of the patent has expired, the person holding the patent loses the right to stop others from utilizing the invention. At that time, anyone can make use of the invention without permission of the patent holder.
Design Patents
Design patents last for 14 years. A design patent is issued for designs placed on manufactured items. Examples would include various skins for iPods or fabrics used in the fashion industry. To learn more about design patents visit the United States Patent and Trademark Office (USPTO) website’s section on design patents.
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Plant Patents
Plant patents last for 20 years. A plant patent according to the U.S. patent office, “is granted by the government to an inventor (or the inventor’s heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.” An example would be the annual rose created for the Rose Bowl Parade. To learn more, visit the USPTO’s plant patents section.
Utility Patents
A utility patent is the most common patent issued, and it lasts for 20 years. Utility patents are granted for inventions such as machines, machine parts, or even a new child’s toy. You can learn more about utility patents and the patenting process on the USPTO’s website.
International Patents
International patents can last anywhere from 6 to 20 years, depending on the type of patent and the country where you are seeking patenting. On average, countries that are part of the World Trade Organization will grant 20-year patents.
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Case Studies: Understanding the Duration of Patents
Case Study 1: The Fashion Skins Design Patent
John Smith, a renowned fashion designer, created unique and innovative skins for iPods. He filed a design patent application with the United States Patent and Trademark Office (USPTO) to protect his designs.
The design patent was granted, and John Smith enjoyed exclusive rights to his fashion skins for a period of 14 years. During this time, he successfully marketed his designs and gained a competitive edge in the fashion industry.
Case Study 2: The Rose Bowl Parade Plant Patent
Sarah Thompson, a skilled horticulturist, cultivated a distinct and vibrant rose variety specifically for the annual Rose Bowl Parade. She sought protection for her creation by filing a plant patent application with the USPTO.
The plant patent was granted, allowing Sarah Thompson to have exclusive rights to her rose variety for 20 years. This enabled her to establish herself as a leading supplier of roses for special events and significantly contributed to the success of the Rose Bowl Parade.
Case Study 3: The Ingenious Toy Utility Patent
Mark Johnson, an enthusiastic inventor, developed an innovative and interactive toy for children. Recognizing the potential of his invention, Mark applied for a utility patent to safeguard his intellectual property.
The USPTO granted him a utility patent, providing exclusive rights to his toy for a duration of 20 years. With the protection offered by the patent, Mark successfully launched his toy in the market, achieving widespread popularity and commercial success.
Case Study 4: The Global Innovation International Patent
Emily Davis, an ambitious entrepreneur, devised a groundbreaking technology that revolutionized renewable energy generation. To secure her invention internationally, Emily filed for international patents in multiple countries.
The patent durations varied depending on the respective country’s laws, ranging from 6 to 20 years. Through her strategic patenting, Emily established a strong global presence for her technology, attracting investors and licensing opportunities worldwide.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.