How to Determine Patent Duration

Patent duration, or the time your patented invention or design is protected against infringement from other companies or individuals, varies according to the type of patent you have been granted. Utility patents and plant have a different duration than design patents, so knowing how and when to renew your patent is vital to protect your investments and rights.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Computer with Internet access
• Patent attorney or agent

Determine the Duration of Your Patent

1. Apply for a utility patent if you have a specific invention, machine, new process, article of manufacture or composition of matter. These patents are protected for 20 years after the patent application is filed.

2. Seek a design patent for design improvements, modifications and ornaments to existing products. A design patent generally lasts for 14 years.

3. Obtain a plant patent if you seek to protect the asexual creation of a new plant species for 20 years. Asexual plant reproduction is defined by new species that are not created through the use of seeds, but rather by cutting, grafting or budding.

Protect Your Patent Duration

4. Pay all maintenance fees for your patent 3 1/2, 7 1/2 and 11 1/2 years after the date your patent was granted. It is important to determine these due dates in advance, since the USPTO will not notify you. There is a six-month window where you can pay these fees. Failure to comply may result in forfeit of your patent.

5. Renew your patent before its expiration date by filing a patent extension with the USPTO. Failure to do so will result in forfeit of the patent, and the invention or design will become part of the public domain.

6. Will your patent to friends or loved ones after you die by filing the appropriate paperwork. All forms and applications are available on the USPTO Web site, or at any USPTO office (see Resources below).

Tips & Warnings

• The Web site for the United States Patent and Trademark Office features an online registry for patent attorneys and patent agents. These individuals are authorized to help inventors complete the patent process if they cannot do so themselves.
• Fraudulent use of the word "patent" on any invention or product that has not been granted such status is against federal law. Make sure that you comply with all of the patent processes before saying that your design or invention is patented.