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Legal Life of Most Patents

Patents are issued by the federal government to temporarily protect inventors from having their inventions duplicated by others for profit. Patent information is made public through the U.S. Patent and Trademark Office's searchable databases. The duration of a patent depends on what type it is.

  1. Patent Types

    • Patents are classified as three types: utility, design and plant. Utility patents involve manufactured articles; design patents are for fabric designs; and plant patents apply to new plant varieties that asexually reproduce.

    Utility Patents

    • These patents provide about 20 years of protection from the patent's first application date.

    Design Patents

    • These patents provide 14 years of protection from the date of patent issuance.

    Plant Patents

    • These patents provide about 20 years of protection from the patent's first application date.

    Maintenance Fees

    • Fees are required for utility and design patents during the fourth, eighth and 12th years of issuance to maintain patent protection.

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