How Long Does a Patent Last in New York? an UpCounsel Guide
Protecting your intellectual property is essential to developing and maintaining a business IT protection plan3 min read
Protecting your intellectual property is essential to developing and maintaining a business IT protection plan. Because of this, it’s important to understand the different types of patents available and how long they last. As a business owner in New York, you’ll mainly be filing for utility or design patents that protect inventions or “ornamental designs” for products. But when it comes to protecting your intellectual property, how long does a patent last in New York?
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In this article, we’ll discuss how long patents last in New York, as well as some of the other commonly asked questions, such as:
• How long does a utility patent last in New York?
• What about patents outside of the United States?
• What is the patent term adjustment?
• And more.
By understanding the answers to these questions, you’ll be better prepared to protect your intellectual property.
How Long Does A Utility Patent Last In New York?
A utility patent in New York lasts 20 years from filing, as mandated by the U.S. Patent and Trademark Office (USPTO). Design patents last for 14 years from the date of grant. Maintenance fees are due periodically to keep a patent in force.
Unlike copyrights and trademarks, patents must be actively maintained by the owner in order to stay in effect. That means paying recurring maintenance fees throughout the patent’s lifespan. In New York specifically, initial filing fees must be paid to the USPTO within three months of the patent being filed.
How Long Does A Patent Last Outside Of The United States?
It’s important to note that patent laws were established by individual countries, so the lifespan of patents may vary depending on the jurisdiction. Generally, patents outside of the United States last 20 years from filing, but some countries have provisions for extending that window.
For example, in Europe it is possible to extend the life of a patent through post-grant procedures. Germany also allows the patent’s lifespan to be extended, although it must be requested during the patent’s validity period and patent holders have to have an administrative license to apply.
What Is The Patent Term Adjustment?
The patent term adjustment is a concept defined by the USPTO, and it allows parties to seek additional time for utility and design patents in the United States. This additional time accounts for delays that occurred while the patent application was being processed.
The USPTO allows a maximum of three years’ worth of delay for a patent, but applicants must remember that the adjustment can’t exceed the 20-year period for a utility patent or the 14-year period for a design patent.
How Do I Know How Much Time I Have Left On My Patent?
To determine how much time you have left on your patent, you can use the USPTO’s patent term calculator. It should display a graph showing the duration of your patent and the amount of time left before it expires.
The patent calculator also gives you the option to save your data in a printable format that you can refer back to later if needed. It’s important to check the patent’s remaining validity every so often to make sure you’re still in compliance with the set time requirement.
Last ideas
The lifespan of a patent in New York is 20 years for utility patents and 14 years for design patents. For patents outside of the US, the length may vary depending on the jurisdiction. If the process of filing the patent was delayed, the USPTO allows applicants to seek a patent term adjustment, and they can use the patent calculator to determine how much time they have left on their patent.
Understanding how long patents last in New York – and around the world – is essential to protecting your business interests and assets. For more help filing patents or to find out how to protect your intellectual property, contact UpCounsel today.
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