How Long Do Patents Last?

A patent is a protection granted for novel, useful and non-obvious processes or products such as inventions. Patents are great tools to exclude others from utilizing your new creation. Use this article as you explore how long a patent lasts.

Definition

A patent does not protect your idea itself, it protects the actual use of your idea. Those who invent or discover something new and useful are eligible for a patent and it is recommended that they obtain one as soon as possible. Generally only the sole inventor applies for a patent, but in the event of multiple inventors, all may obtain a patent as "joint inventors."

Function

The main use of a patent is to protect your new invention or discovery from being exploited by others. If you have a patent, you have the legal ability to stop anyone else from utilizing your invention or discovery without your permission by filing a civil lawsuit. This means that no one else may sell or manufacture your invention or discovery without getting your permission first. Also, a patent allows you to limit the amount of competitors you have by limiting their ability to use your idea to create a competing invention.

Process

Applying for a patent is a long process, so it is important to be sure not to have any mistakes in your application, as that will slow down the process even more. Once you have decided to apply for a patent, you may file either electronically or by mail. Electronic filing is an attractive means of application because it saves time and postage. Your application must contain a detailed description of how you made and intend to use your invention. The application preparation alone typically takes 6 to 8 months, and the approval process can take as long as 3 years. For more detailed requirements of the application process, please refer to the United States Patent and Trademark Office website.

Costs

Obtaining a patent becomes very expensive after paying all the required fees. One can expect to spend anywhere between $5,000 to $10,000 during the application process. For example, the United States Patent Office filing fee is $355 alone, not including all the other expenses required. For specific filing costs such as filing and examination fees, please refer to the United States Patent and Trademark Office website for a detailed description.

Longevity

Generally speaking, a patent will last 20 years from the date the application for the patent was filed with the United States. The patent will continue to run even in the event of the inventor's death, so long as the death occurs within the 20-year period. Patents may be adjusted or extended under certain circumstances, but this is very rare.