How Long Does a Patent Last in Chicago?
Obtaining a patent in Chicago is one of the key steps in protecting and growing the value of your business2 min read
Obtaining a patent in Chicago is one of the key steps in protecting and growing the value of your business. After conducting research to determine that your invention is patent-eligible, you will need to understand the details associated with the patent process, such as how long the patent will last. State regulations – along with the type of patent you’ve sought – will determine the specific details of your case and the overall length of your patent.
In Chicago, most patents are issued by the United States Patent and Trademark Office (USPTO), followed by filing a Chicago-specific application with the United States District Court for the Northern District of Illinois. This is done in accordance with the Patent and Trademark Fee Modernization Act, as well as local statutes. Though the process can become complicated, the answer to the question, “how long does a patent last?” is easier to understand.
In general, utility patents covering inventions, processes, and plants are typically granted for 20 years. The term of the patent begins on the date the application was filed. After that point, the patent is enforceable for the next 20 years, which includes three different phases:
Pre-grant Phase – The day the application is filed until the patent is grantedUnexpired Phase – Between patent grant and recognition of patent expiryExpiring Phase – Patent expiry date up to six years post-expiration
The pre-grant phase can last anywhere between 3-7 years, depending on the complexity of the invention. The unexpired phase is marked by continued filing of renewal fees, as well as any adjustments to the terms of the patent. During this phase, the patent can be amended, transferred, licensed, sold, or otherwise revised. The expiring phase occurs once the patent officially expires.
Generally, patent law states that the holder of the patent has six years after the patent expires to take action against any infringers. By the end of the expiring phase, the patent-holder will no longer have the legal right to stop any other companies from using their invention.
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The patent process can be long and complex. To ensure that your invention is adequately secured, it’s important to partner with the right legal counsel familiar with both the USPTO and Chicago patent regulations. Working with experienced professionals will give you the assurance that your patents will be correctly secured. That way, you can rest assured that your patent will be valid for the next 20 years and enjoy the full protection and benefits associated.
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