How long is the duration of patent protection?
October 7, 2022 | 50,00 EUR | answered by Günther Schenkenberg
Dear Patent Lawyer,
I am reaching out to you as I have some questions regarding patent protection. My name is Emil Knorr and I am an aspiring inventor who has just filed my first patent. I am interested to know how long the protection period of a patent actually is and what options there are to extend this protection period.
Currently, I am in the phase where my patent is being examined, and I want to make sure that I take all necessary steps to maintain the protection of my invention for as long as possible. I am concerned that the protection period of my patent could be too short and that I may not be adequately protected against imitators.
Could you please explain to me how long the protection period of a patent usually is and if there are ways to extend it? Are there specific requirements that need to be met in order to extend the protection period of a patent, and how long can the protection period be extended at maximum?
I would greatly appreciate your expertise and advice on this matter to ensure that my intellectual property is best protected. Thank you in advance for your assistance.
Sincerely,
Emil Knorr
Dear Emil Knorr,
thank you for your inquiry regarding patent protection. It is very important to be informed about the duration of patent protection and the options for extension in order to protect your intellectual property to the best of your ability. I will gladly explain to you in detail how the usual duration of a patent works and how you can potentially extend it.
The usual duration of a patent is typically 20 years from the date of application. This means that after these 20 years have passed, the patent is no longer valid and the invention can be freely used. It is important to keep in mind that the duration of a patent is not automatically extended, but there are certain ways to extend it.
One option for extending the duration of a patent is called patent extension. This can be requested if the invention was delayed in coming to market due to regulatory delays. The patent extension can last up to five years in some countries, depending on the respective national laws.
Another option for extending the duration of a patent is through filing for patents internationally. If you wish to protect your invention on an international scale, you can file separate patents in various countries. This will extend the protection of your invention in each of the selected countries.
There is also the option of extending the duration of a patent through a reapplication. When the patent expires, you can reapply to ensure the protection of your invention for another 20 years. It is important to note, however, that with a reapplication, the protection only applies to new developments or improvements.
In summary, the usual duration of a patent is 20 years but can be extended through various measures. It is advisable to learn about the different options for extending the duration of protection early on and take appropriate steps to protect your intellectual property as best as possible.
I hope this information has been helpful to you. If you have any further questions or would like individual consultation, I am happy to assist. Thank you for your trust, and I wish you success with your invention.
Best regards,
Günther Schenkenberg
