How Long Does A Patent Last In the US, Canada and Europe?
Kah Joon
The history of patents extends back to the seventeenth century under the rule of King James I of England. While patents have been around a very long time, the rules governing patents have not always been in effect. There are many questions inventors have when trying to obtain a patent for their invention. One important question is: "how long does a patent last?". One might wonder if a patent is governed by different laws in different countries such as the United States, Canada and Europe.
If you are unsure what the function of a patent is, it is exclusive rights granted by a government to an individual and his or her invention. This period of exclusive rights is granted for a limited time. During that time, the inventor can share his or her invention with society and possess all rights and earnings related to his or her invention.
But, how long does a patent last? In most countries, patents last twenty years from the date of filing. However there are some exceptions to that rule. There are some issues that affect the duration of a patent.
For example, before being granted a patent, there are many legal steps that must be completed. One of the steps is to complete an application, usually with a patent attorney, and submit it for approval. Unfortunately, it can take many months for the patent application to be reviewed. It is not unusual in the United States for a patent application to be in limbo for eight to ten months.
The good news is that if your patent application is delayed longer than fourteen months, then you will receive extra time to add to the life of your patent. Extensions to the life of your patent will be granted on a day per day basis, meaning for every extra day past 14 months, you will earn a day to add to your patent's life.
There are also certain dates that have a bearing on how long a patent last. However, many of these dates are long past and no longer relevant. Also, there is something called a terminal disclaimer that will result in a reduced life of a patent. This is due to two patents being filed with claims to basically the same invention.
However, for all practical purposes the answer to the question of how long does a patent last is twenty years, or two decades. Source: Patentstepsinc dot com, Louis Zhang
|
About The Author
Learn about how to apply for a patent, how much it costs, how long it lasts, and why an idea cannot be patented. Simple steps to follow in order to patent your inventions at http://www.patentstepsinc.com
|
|