What Is the Duration of a Patent?
Patent applications are filed with the United States Patent and Trademark Office (PTO) by an inventor or by a patent attorney. The process of patenting an item or business model, otherwise known as "prosecution," takes 18 months. After that, the patent application is published and available for public review.
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Length of Provisional Application
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Since 1995, it has been possible to file a provisional application with the PTO. This application is an inexpensive and expeditious way of embarking on patent protection. An applicant must file for a standard patent application within 12 months of filing the provisional application, or the provisional application is deemed abandoned.
Utility and Plant Patents
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To harmonize U.S. patent law with that of many foreign countries, effective June 1995, the term of utility and plant patents changed from 17 years to 20 years from the date of filing an application.
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Design Patents
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A design application protects new, original and ornamental designs for articles of manufacture. The term for design patents is 14 years from the date the patent is issued.
Drug Patents
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Another exception to the 20-year term are drug patents. Drugs that require review by regulatory agencies such as the Food and Drug Administration may be extended.
Guaranteed Term of Protection
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Under the American Inventors Projection Act of 1999, the term of patents may be extended to compensate for PTO processing delays. Diligent applicants are guaranteed a minimum 17-year term.
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