What is the lifespan of a patent?
A patent is a set of rights granted by the government to an inventor of a specific invention or design. Patents are valid for an allotted amount of time to allow the owner to profit from his or her invention.
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A patent grants an inventor exclusive ownership over an invention. This right keeps others from making and selling the same invention. Patents may be sold or licensed. Most patents have a lifespan of 20 years.
Types
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According to the United States Patent and Trademark Office, there are three types of patents: utility, design and plant. Utility patents are for new and useful machines and processes; design patents are for new designs or appearances of new or already existing inventions; and plant patents are for inventing or discovering new varieties of plants. Design patents have a lifespan of only 14 years.
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Extension
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Some patents may be eligible for a term extension if there is a delay in processing an application. This may result from the Patent Office's failure to take the right actions within a set time frame, to issue a patent within three years of an application filing date or from a prolonged review process.
Fees
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In order to maintain a utility patent that was filed from Dec. 12, 1980, and on, the owner must pay maintenance fees 3 1/2, 7 1/2 and 11 1/2 years from the date the patent was originally granted. After 20 or 14 years have elapsed (depending on the type of patent) and any extensions have been fulfilled, the patent is no longer valid and becomes public domain.
Appeals
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During a patent's lifespan, you may make an appeal to the Patent Office if you feel someone is infringing upon your patent or trying to claim the same invention. They will conduct a review to determine who was the first inventor.
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