Understanding the duration of protection a patent offers is essential when securing it. Each type of patent—utility, design and plant—has different terms and specific criteria that impact its lifespan.
Here, you can learn more about how long your patent is valid.
Utility patents: 20 years of protection
Utility patents, the most common type, cover new inventions or discoveries, including processes, machines, or compositions of matter. Once granted, a utility patent protects for 20 years from the filing date, safeguarding your innovation against unauthorized use, sale or duplication.
However, it’s important to note that maintaining a utility patent requires paying maintenance fees at regular intervals, ensuring the patent remains active and enforceable. If these fees are not paid, the patent may expire before the end of the 20-year term.
Design patents: 15 years of aesthetic security
Design patents protect a product’s unique visual qualities or appearance, not its functionality. They are valid for 15 years from the date of issuance. No maintenance fees are required for design patents, making them relatively straightforward to maintain over their lifespan. This protection is valuable for companies seeking to prevent others from copying the look and feel of their products.
Plant patents: 20 years of growth protection
Plant patents, which cover distinct new plant varieties that are asexually reproduced, are valid for 20 years from the filing date. Like utility patents, plant patents do not require maintenance fees but are limited in scope to specific, innovative plant varieties.
Patents Aren’t a DIY Project
The patent process involves strict regulations, and minor errors in the application process can lead to rejection or reduced protection. Whether you’re applying for a utility, design or plant patent, the complexities involved highlight that patents are best handled by those experienced in patent law and regulatory standards. Mistakes can be costly, potentially impacting the value and duration of the protection offered.
