How long is a patent valid?
June 23, 2023 | 40,00 EUR | answered by Andrea Maier
Dear Patent Attorney,
My name is Ben Bacigalupo and I have a question regarding patent law. A few years ago, I obtained a patent for my invention and now I am wondering how long this patent is actually valid for.
The background information of my situation is as follows: I have invested a lot of time and effort into developing my invention and was naturally very proud when I finally obtained the patent for it. Now, I want to ensure that my intellectual property rights remain in place long-term and that I do not suddenly face the problem of my idea being copied by others.
My concerns therefore lie in not knowing exactly how long my patent is valid for and from when I may need to take measures to extend my protection.
Therefore, my specific question to you is: How long is a patent usually valid for and what options are available to extend the validity period? I would like to take all necessary steps to continue protecting my invention and would greatly appreciate your professional advice on this matter.
Thank you in advance for your support.
Sincerely,
Ben Bacigalupo
Dear Mr. Bacigalupo,
Thank you for your question regarding patent law. I am pleased that you are considering the long-term protection of your invention and I will be happy to assist you further.
A patent typically has a limited duration. In Germany, the term for patents is 20 years from the date of filing. This means that from the moment of patent application, your right of protection lasts for a period of 20 years. After this time, the patent will automatically expire, and your invention will be available to the public.
It is important to note that renewing or extending a patent is not possible. Therefore, it is crucial that during the term of your patent, you take all necessary measures to protect your invention and prevent possible infringements by third parties.
However, there is the option to complement your patent with additional protection rights to continue safeguarding your invention from imitation. You can, for example, file additional protection rights such as utility models or designs to cover different aspects of your invention and extend the protection period. While these protection rights may not be as comprehensive as a patent, they still offer some protection for your innovation.
Furthermore, it is advisable to regularly monitor the market and keep an eye out for potential infringements of your patent. If you find that others are using your invention without permission, you can take legal action to enforce your rights and seek compensation.
Overall, it is important for you as a patent holder to remain active and actively defend your protection rights to ensure the long-term protection of your invention. I hope that this information has been helpful to you and I am available to assist you further if you have any additional questions.
Sincerely,
Andrea Maier
Patent attorney
