How Many Years Does a Patent Last?
Patent Term
Patents enable the enforceability of a patent and is generally granted for a term of 20 years from the date of filing. Once the term has expired, there is not typically a way to renew it. After the expiration date of a patent, it becomes public domain and is free for use by the public.
Patent Maintenance
It is also important to know that after the initial issuance of the patent, there are maintenance fees that must be paid. The patentee, or someone representing them, must pay fees at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years without surcharge.
You must pay all fees in full on the due date along with any maintenance surcharge. For any due dates that fall on a Saturday, Sunday, or federal holiday must be paid on the subsequent day, that is not a Saturday, Sunday, or federal holiday.
Types of Patents
A patent grants the inventor the right to prevent others from making, using, offering for sale, or selling an invention or importing it into the U.S. In other terms, patents do not grant the right to make, use, offer for sale, sell, or import an invention, but the right to stop others from doing so. Infringement of a patent can be followed by legal action.
U.S. patents are effective only within the U.S., territories, and possessions.
That said, there are different patents that protect a variety of inventions. They include:
Utility Patent
These patents may be granted to inventors who develop or discover a new and useful process, article of manufacture, machine, or a useful or new improvement upon these. Utility patents are considered nonprovisional patents.
Computer software is an example of a product covered by utility patent law.
Design Patent
The design patent protects the appearance of an article, not its functional features. Patent law grants patent protection to anyone who has invented a new, original design for an article of manufacture. Which can relate to the shape of the article, surface ornamentation, or both. The design must be a definite pattern applied to the article of manufacture.
Examples of a design patent include jewelry designs and furniture.
Plant Patent
Patent law grants patents for those inventing or discovering an asexually reproducing, distinct, or new variety of plant. The patent covers cultivated sports, hybrids, mutants, and newly found seedlings.
An example, and the first plant patent, was the climbing, ever-blooming rose.
Process of Applying for a Patent
The process of applying for a patent follows a similar process. There are some variations depending on the type of patent, but the overall process is:
- Application transmittal form
- Fee transmittal form
- Application data sheet
- Specification
- Drawings
- Design patents also accept photographs
- Plant patents require duplicate drawings
- The inventor’s oath or declaration
Who Can Submit a Patent Application?
Inventors or their legal representation may apply for a patent. There are few exceptions: if the inventor has died or is legally incapacitated, refuses to apply, or cannot be located. Two or more people can apply as joint inventors. A company who has employed an inventor through a contract can also apply for a patent.
How can I Make the Process Easier?
The simplest approach to patent applications is to work with an experienced professional. A team of attorneys and lawyers like Cook Alex can help you navigate the process of filing a patent application. This ensures that all the information is collected and submitted correctly, making the process smoother.
Once the patent is granted, we can also provide you with legal counsel, litigation, protection, enforcement, and defense of your patents.
Protect your Intellectual Property with Cook Alex!
While we are ready to provide comprehensive support in the application and protection of patents. Our team can also help you maximize the value of all other intellectual property. We offer services to also protect trademarks, copyrights, and trade secrets.
You can trust us to handle all your intellectual property needs.
To learn more about our patent services, please call (312) 236-8500. There, one of our team members will be available. They can discuss your needs in more detail and can answer questions you may have. If you would prefer to send us a message instead, please fill out the form found on this page, and we will contact you as soon as possible.
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Chicago Patent Attorney
200 West Adams Street, Suite 2004
Chicago, Illinois 60606
Naperville Patent Attorney
2020 Calamos Court, Suite 200
Naperville, IL 60563
Fax: (312) 236-8176