The Term of a Patent

The term of a patent defines how long a patent holder has enforceable exclusive rights to their invention. The exclusive rights of a patent are granted by a government authority to an inventor, giving them the enforceable exclusive right to make, use, sell, and distribute their invention for a limited period. In exchange for this monopoly, the inventor must publicly disclose the details of the invention, contributing to the broader pool of knowledge and helping to foster further innovations.

In the United States, utility and plant patents are granted for 20 years from the filing date. Similarly, in the European Union, a utility patent is granted for 20 years from the filing date. The filing date of a utility patent refers to the date on which the first patent application related to an invention is submitted to the United States Patent and Trademark Office (USPTO). 

In the United States, the term of a design patent is 15 years from the patent’s grant date. In the European Union, the term of a Registered Community Design (RCD) is initially five years and can be renewed our times for a maximum term of 25 years. The date of issue of a design patent and an RCD refers to the date on which the USPTO officially grants the patent rights for a design to the applicant. 

A patent term adjustment (PTA) may be applied to a utility or plant patent in the United States. The PTA may extend the term of a patent to compensate for delays caused by the USPTO during the prosecution of the corresponding patent application. PTA is not available for design or reissue patents.

Delays that may result in a PTA include:

• Failure to issue a first Office Action or Notice of Allowance within 14 months of the filing of the patent application.

• Failure to issue action within four months of an applicant’s response to an Office Action.

• Failure to issue a patent within three years of the application’s filing date, excluding time consumed by an applicant for (1) filing a Request for Continued Examination (RCE), (2) appeals, interferences, and secrecy orders, and (3) applicant requested delays.

Any PTA may be reduced if the applicant fails to make a reasonable effort to conclude processing or examination of the application, including taking more than three months to reply to notices or actions issued by the USPTO. However, these reductions may only be applied to existing positive adjustments to the patent term and cannot reduce the default 20-year term.

Once the USPTO issues the PTA for an application, the applicant may contest the calculated term adjustment.

How TCP Law Can Help

A TCP Law patent attorney can help you understand patent term adjustments as well as help you prepare, file, and prosecute your patent application.

If you need assistance with determining the term of a patent or with any other patent issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.