Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets

Patent Duration and Maintenance

Under present law, utility patents remain in force for 20 years after the filing date of the application. Under a 1999 federal law, patent terms are extended to compensate for certain PTO processing delays and for delays in the prosecution of applications pending more than three years. The three-year guarantee provides that an original patent will not be delayed more than three years from the date of its actual filing (assuming the applicant is not responsible for delays). Thus, diligent applicants are guaranteed a minimum seventeen-year patent term. Extensions of patent terms are also available for delays in issuance of a patent because of delays caused by other government agencies (such as the FDA), interference ...