How Long Does a Patent Last and How Can I Maintain Its Protection?

If you have an invention that you want to protect from being copied or used by others without your permission, you may want to apply for a patent. A patent is a legal right of exclusion that grants you the exclusive right to prevent others from making, using, and/or importing your invention for a limited period of time. That said, if you have a patent, you may wonder how long it can last and how you can ensure that it remains valid and enforceable. Please continue reading and reach out to a seasoned New Orleans, Louisiana patent lawyer from Lemler IP to learn more.

How long will my patent last?

The answer hinges largely on the type of patent you have and the country where you obtained it. Generally speaking, there are three main types of patents: utility patents, design patents, and plant patents. Utility patents encompass the functional aspects of an invention, such as how it works, what it does, or what it is made of. Utility patents ordinarily last for 20 years from the date of filing the application, but they may expire sooner if you neglect to pay the required maintenance fees.

Design patents protect the ornamental appearance of an invention, such as its shape, color, or pattern. Design patents typically last for 15 years from the date of grant, and they do not require any maintenance fees.

Plant patents protect new and distinct varieties of plants that are asexually reproduced, such as by grafting or cutting. Plant patents generally subsist for 20 years from the date of filing the application, and they also do not require any maintenance fees.

However, these durations may vary depending on the country where you obtained your patent. For example, in some countries, utility patents may last for 25 years instead of 20 years, or design patents may last for 10 years instead of 15 years. Therefore, it is important to check the specific laws and regulations of each country where you want to protect your invention.

How do I maintain my patent protection?

To maintain your patent protection, you need to adhere to certain obligations and avoid certain actions that may invalidate or weaken your patent. Some of these obligations are as follows:

• Paying the maintenance fees on time (for utility patents only). If you miss a payment deadline, you may forfeit your patent rights or have to pay a surcharge to restore them.
• Marking your products with the patent number or a notice that indicates that they are patented. This may help dissuade potential infringers and increase your chances of recovering damages if someone infringes your patent.
• Enforcing your patent against infringers. If you discover that someone is using, selling, or importing your invention without your authorization, you can take legal action to stop them and seek compensation. However, if you delay or fail to enforce your patent, you may relinquish your right to sue or reduce the amount of damages you can claim.
• Avoiding public disclosure or sale of your invention before applying for a patent. If you reveal or offer your invention to the public before filing a patent application, you may lose your right to obtain a patent or limit the scope of your patent protection. Therefore, it is advisable to keep your invention confidential until you secure a patent.
• Avoiding making changes or improvements to your invention after applying for a patent. If you modify or enhance your invention after filing a patent application, you cannot include those changes or improvements in your patent claim and may have to file an additional patent application that includes these changes or improvements in what is called a continuation-in-part patent application. Therefore, it is advisable to finalize your invention before applying for a patent.

If you need professional assistance with any aspect of patent law, you should consult an experienced intellectual property lawyer who can advise you on the best strategy for protecting your invention. Contact Lemler IP today for guidance.