As you may have already learned, obtaining a patent can be very difficult and can take up to a couple of years. You probably wonder once you finally receive your patent, how long do you have the patent for? How long a patent lasts depends on the type of issued patent and the country issuing the patent.
In the United States, a utility patent expires in twenty years after the date the application is filed and you will have to pay maintenance fees each year. Inventors should know that after the patent expires in 20 years, anyone can copy your idea and market it. To fully renew a patent, it takes an actual act of Congress. You can apply for an extension in some situations but it is rare that one will be granted.
In the United States, a design patent expires in 14 years from the date the design patent is granted with no maintenances fees that need to be paid. Once you have these patents, the rewards can be vast. A patent invention that is well-researched and useful could continue to make money for many years.
International patents can last anywhere from 6 to 20 years but on average, countries that are part of the World Trade Organization will grant patents that last 20 years.
It is also possible you can take steps to maximize the term of a granted patent. These steps may include: (1)making sure that the patent application is complete upon the original filing, (2) filing complete and timely responses to Office actions and communications from the United States Patent Office without extensions, (3) coming to an understanding with the examiner soon—usually by an examiner interview—to avoid a Request for Continued Examination (RCE), (4) maximizing the chances of success on an appeal of an examiner’s rejection, and (5) avoiding new filings after receiving a notice of allowance.
In order to maximize the term of the granted patent, you should hire an attorney to make sure the process is going smooth.
