Diamonds Are Forever, But Patents Aren't
In a world where copyrights and trademarks can last for as long as the creator lives and many years afterwards, patents have a comparatively short lifespan. Nevertheless, many people make the assumption that patents can last forever. The following not only explains how long a typical patent lasts, but also how easy it can be to lose that patent.
How Long Does a Patent Last?
In the U.S., a utility patent with a filing date prior to June 8, 1995 is valid for up to 17 years from the date the patent was granted or 20 years from the date the patent was filed. Patents with a filing date after June 8, 1995 are valid for up to 20 years. A design patent, which covers the ornamental, nonfunctional design of an invention, has a lifespan of 15 years from the date of issuance.
How Can You Lose Your Patent?
It's possible to lose an existing patent or your ability to patent a new invention if the following conditions occur:
- You don't pay the maintenance fees - In the U.S., patent maintenance fees are due at 3.5, 7.5 and 11.5 years after the patent is issued. Failure to pay the maintenance fee will result in the patent being abandoned. Unlike utility patents, there are no maintenance fees for design patents.
- The courts invalidate your patent - A court can render your patent void if it's too similar to a preexisting patent or if it fails to meet the conditions of patentability.
- You publish, sell or use your invention publicly before filing for a patent - If you decide to publish the invention in writing before filing a patent application, create and sell a product that utilizes your patent or use your invention in public for over a year before filing a patent application, you can use your right to patent your invention.
- The patent expires - Once the patent reaches the end of its lifespan, all protections granted by the patent cease to exist. This means that anyone can copy and market your idea after the patent period ends, except in certain limited cases.
What to Do If You Lose Your Patent
To keep from losing your patent, not only should you go through your patent application with a fine tooth comb, but you should also remain current on your patent maintenance fees, as well as any new developments that could affect your patent. A seasoned patent attorney will be able to help you with maintaining your patent. If you do lose your patent, however, you'll want to talk to your patent attorney to find out what your options are.
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