FAQ: How Long Does a Patent Last in NYC?
If you're an inventor in the New York City area, you may be researching how to protect your intellectual property4 min read
If you're an inventor in the New York City area, you may be researching how to protect your intellectual property. One way to do so is to file for a patent. But how long does a patent last? The answer depends on the type of patent you're filing, the jurisdiction, and the state in which you live.
At UpCounsel, we understand the complexities of obtaining a patent. So we put together this detailed guide to answer frequently asked questions about how long patents last in New York City. Whether you're looking to file a utility patent or design patent, this article should help you understand how long it'll last and how to extend the benefits from it.
to Patents
A patent is an exclusive right granted to an inventor. It gives the owner the right to prevent others from exploiting an invention without the inventor's written permission. A patent may be granted for any new and useful concept, process, machine, composition of matter, design, or material, including a medical procedure, chemical substance, bacterium, or gene sequence.
Essentially, when someone obtains a patent, they have the exclusive right to use, manufacture, distribute, or sell that invention for their own gain. In return, the inventor must disclose information about the invention. This will help the public benefit from it by opening up knowledge and preventing monopolization of an invention.
Types of Patents
In the United States, there are a few different kinds of patents. Each one has different implications and lasts for a different amount of time. The three main types are utility patents, design patents, and plant patents.
Utility Patents
Utility patents are the most common type of patent. This type of patent is used for inventions that are new, useful, and involve inventive steps. These could include a machine, a manufacturing process, or the composition of a new product.
Utility patents typically last up to 20 years in the United States. This is from the date the application was first filed. To keep the patent in effect, the owner is required to pay certain fees at the 3.5, 7.5, and 11.5 year marks.
Design Patents
Design patents are used to protect an ornamental design for an object. This type of patent is usually granted for advances in the design of an article, like furniture, jewelry, packaging, and even some types of appliances. For example, someone with a design patent for an iPhone 6 shell will have exclusive rights to that design.
Design patents usually last up to 14 years in the United States. This is from the date that the patent is granted.
Plant Patents
Plant patents are used to protect new plant varieties. A plant patent is awarded to those who have discovered and asexually reproduced a type of plant that is distinguishable from other varieties.
Plant patents typically last up to 20 years in the United States. This is from the date of the filing or from a date determined by the Commissioner of Patents.
How Long Does a Patent Last in NYC?
The answer to this question depends on the type of patent you're filing, the jurisdiction, and the state in which you live. For utility patents and plant patents in New York City, they can last up to 20 years from the date of the filing. For design patents, they last up to 14 years from the date the patent is granted.
How Can I Extend the Benefits of a Patent?
You can extend the benefits of a patent by taking several steps. First, make sure you file for a patent in the country or jurisdiction where you will be selling or manufacturing the invention. This will make sure you'll have an enforceable right over your invention in those places.
Then, you can prolong the patent by filing for patent maintenance fees. For both utility patents and plant patents, You'll have to pay a certain fee during three points in the patent's life, including 3.5, 7.5, and 11.5 years. This will ensure the patent lasts for the full amount of time.
Finally, you can also extend the benefits of your patent by filing for a patent in a foreign jurisdiction. Doing this can increase the scope of protection for your invention and allow you to collect royalties for your invention in a foreign country.
To summarize
Now that you have a better understanding of how long patents last in New York City, you can start researching what type of patent is best for your invention. That way, you can protect your invention and ensure you get the full benefits from it.
At UpCounsel, our community of experienced business lawyers will walk you through the entire process of filing a patent application. With their extensive legal knowledge, our network of attorneys can provide you with the guidance you need to get the most out of your invention and protect your intellectual property.
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