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How Long Are Patents Good?

How Long Are Patents Good? thumbnail
Patent terms vary by patent type.

As described in the Constitution of the United States, patent rights work by "securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The intention is to promote "the progress of science and the useful arts," in the words of the Constitution.

  1. Function

    • Patents serve to reward inventors for their efforts by preventing others from "making, using, offering for sale, or selling the invention" according to the US Patent and Trademark Office. This allows the inventor to realize profits through the exclusive use or selling of an invention.

    Terms

    • Different types of patents are subject to varying terms of protection. Currently, plant and utility patents are in effect for 20 years from the date of application for the patent. Design patents are valid for 14 years from the granting of the patent.

    Considerations

    • The terms listed above apply to patents with applications filed after June 8, 1995. Patents with applications filed before that date, "automatically have a term that is the greater of the twenty year term...or seventeen years from the patent grant," according to the USPTO.

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