How Long Do Patents Last? Everything You Need to Know in Los Angeles
Understanding and Protecting Intellectual Property: Advice for Businesses in the Los Angeles Area3 min read
From emerging businesses to Fortune 500 companies, all businesses need to understand and protect their intellectual property, especially if they’re located in the Los Angeles area. Obtaining a patent is a great way to preserve the originality of a product, process, or idea, but knowing how long a patent lasts is just as important. In Los Angeles, the duration of a patent is a complicated matter discussed in this article, as well as other patent considerations, such as the application process, requirements, and costs.
Los Angeles is especially known for its strict intellectual property laws, which encourages businesses to protect their ideas from counterfeiting and infringement. To do this, either a patent, copyright, or trademark may be used. A patent offers the most protection, but it requires a lengthy and complex examination process. Patents give its owners the exclusive rights to production and sale of what are protected. It defends an owner’s original ideas and keeps competitors from using the same ideas without permission and knowledge. A patent is an enforceable property right that gives an owner the right to decide who can use, buy, and produce the invention.
When filing a patent, either a utility, design, or plant patent comes in to play. Utility patents protect the function of a product or invention, design patents protect the ornamental designs of the product or invention, and plant patents protect the asexually reproduced varieties of plants. As long as the idea is not mentioned in a publication, on the internet, or given away before you apply for a patent, the idea is granted protection.
Wherever you're located in the Los Angeles area, obtaining a patent requires all paperwork to be filed with the US Patent and Trademark Office (USPTO). Applications can be filed either electronically or via mail, and form a request for a patent. After the request is submitted, the USPTO will search for similar inventions and once any issues are addressed, the applicant can be granted a patent. Before the applicant gets a patent, it’s important to note that having a Texas SEC or a Los Angeles business attorney in one’s corner when taking on this process is extremely valuable since they understand the local regulations and requirements.
After an application is successful, the patent will last for twenty years since its initial filing date. The USPTO does offer a patent maintenance fee for renewal, which must be paid in three specific increments. The fee must be paid 3.5, 7.5, and 11.5 years after the patent is granted. If these fees are not paid, the patent is deemed expired and no longer valid.
When it comes to patent protection, there’s much more organizations need to be aware of, especially when it comes to formulating a one-time consultation or a full legal team. UpCounsel is valuable for businesses wanting accessible and experienced legal counsel. From rating and reviews of attorneys, to the average 14 years of experience that most business attorneys have, having a well-equipped legal team who understand Los Angeles regulations is critical.
When it comes to how long a patent lasts, many factors are at play. The duration of a patent can be extended depending on the need; however, these extensions and renewals must be done in the allotted time frame. A savvy business executive may want to seek the advice of a local business attorney in Los Angeles who understands the regional regulations to ensure the protected invention remains reinforced and is in good standing.
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