The Grace Period for Patents

Timing is important in determining patent rights and terms.

Patent rights provide protection to creators of unique inventions. To determine the uniqueness of an invention, the American patent system has moved to a first-inventor-to-file approach with the Patent Reform Act of 2007. Timing is crucial in the application for, and maintenance of, patents.

Applications

Inventors have a grace period following a public unveiling of their invention before applying for a patent. According to the U.S. Department of Agriculture, "patent rights are unaffected if a patent application is filed with the U.S. Patent and Trademark Office within 1 year of publication, public use, or sale of the invention."

Maintenance

The United States Patent and Trademark Office allows for a grace period in the payment of maintenance fees. According to the USPTO, if payment is not received within six months of the due date, "the patent will expire as of the end of such grace period." A surcharge may be assessed when accepting late payment.

Renewal

Patent renewal applications must be filed within one year of the expiration date of the registration or within the six-month grace period after the registration expires. If no application is filed within this timeframe, the registration will expire.

References

• United States Department of Agriculture: Patents and Cooperative Agreements
• United States Patent and Trademark Office: Maintenance Fees
• Government Printing Office: US Patent and Trademark Office