What is the duration of the protection period for a patent?
January 11, 2022 | 60,00 EUR | answered by Günther Schenkenberg
Dear patent attorney,
My name is Ludwig Eiserfelder and I have a question regarding patent protection. Some time ago, I applied for a patent for an innovative technology and I am unsure about how long the protection for it lasts. I want to ensure that my invention is adequately protected to secure my investments and work.
The situation is as follows: I have invested a lot of time and money in developing my technology and I want to make sure that no one can simply copy it. I have already filed for the patent, but now I am wondering how long this protection actually lasts. I am concerned that after the protection period expires, other companies may be able to use my idea without me benefiting from it.
My worry is that I have made my investments and work in vain if the patent protection is not long enough. Therefore, I would like to know from you how long the typical duration of patent protection is and if there are any ways to extend this protection. Are there specific measures I can take to ensure that my technology is protected for a longer period of time?
I would greatly appreciate your expert advice on this matter and I thank you in advance for your support.
Sincerely,
Ludwig Eiserfelder
Dear Mr. Eiserfelder,
Thank you for your inquiry regarding patent protection. It is understandable that you are concerned about securing and protecting your investments and work. I would be happy to explain in detail how long the protection for a patent typically lasts and what options there are to extend this protection.
In Germany, the standard duration of patent protection is 20 years from the filing date. This means that your innovative technology is protected from imitation for this period of time. However, after this period expires, the technology can be freely used by others. It is important to be aware of this deadline and take measures to extend the protection if necessary.
One way to extend the protection for your patent is by paying annual fees, also known as maintenance fees. These fees must be paid regularly to maintain the protection beyond the 20 years. It is advisable to stay informed about the amount and due dates of these fees in order to continuously protect the patent.
Additionally, it is possible to extend the patent through supplementary protection certificates. These are granted when the approval of a product has been delayed due to regulatory approvals. These certificates can extend the protection of the patent by up to five years.
It is also important to note that a patent is only effectively protected when it is regularly monitored and, if necessary, defended. If you find that someone is using your technology without permission, it is advisable to take legal action to enforce your rights.
Overall, it is possible to extend the protection for your innovative technology beyond the 20-year duration by taking certain measures and actively defending your rights. I recommend contacting an experienced patent lawyer to discuss your specific situation and find individual solutions.
I hope this information has been helpful. If you have any further questions, please feel free to contact me.
Best regards,
Günther Schenkenberg
Patent Attorney
