Patent protection how many years

The transfer of technology assumes that one or more parties have legal ownership of a technology and this can only be effectively obtained through appropriate intellectual property IP protection.

Finally, you have to consider the possibility that someone else may patent your invention first. The first person or enterprise to file a patent for an invention will have the right to the patent.

This may in fact mean that, if you do not patent your inventions or inventions made the employees of your company, somebody else — who may have developed the same or an equivalent invention later — may do so. Thus they could legitimately exclude your enterprise from the market, limit your activities to the continuation of prior use where the patent legislation provides for such an exception , or ask your company to pay a licensing fee for using the invention.

However, to ensure that no one is able to patent your invention, instead of filing a patent application, you may disclose the invention to the public so that it becomes prior art for any patent application that will be filed after your publication, thereby placing it in the public domain commonly known as defensive publication.

Because of the existence of such prior art , later filed patent applications containing the same or similar invention will be refused by a patent office on the grounds of the lack of novelty or inventive step. At the same time, if you disclose your invention before filing a patent application, you will severely limit your possibility of obtaining patent protection on that invention. To find out more, get in touch with your national IP office. In general however, it is possible to say that if you intend to license your patent, what is important is diligent preparation.

Before starting negotiation with a potential licensee, you should be informed of the current situation and future prospects of the relevant market and technology. Moreover, you should find out about the commercial state of a potential licensee and the associated financial value of your patent, etc. You should reflect on your own business objectives and carefully consider how entering into a licensing agreement fits into your short- and long-term business strategies.

In many cases, where an enterprise has merely improved an existing product and the said improvement is not sufficiently inventive to be deemed patentable, utility models may represent a good alternative, if available in the country in question. On occasions, it may be advisable for your company to keep its innovations as trade secrets which requires, in particular, that sufficient measures are taken to keep the information confidential.

Another alternative strategy could be to ensure that no one is able to patent your invention by disclosing it commonly known as defensive publication , thereby assuring its place in the public domain. However, you should carefully reflect on using this strategy, since if you disclose your invention before filing a patent application, you will severely limit your possibility to obtain patent protection. To avoid confusion and possible disputes, employers often specify issues of intellectual property ownership in employment contracts.

Depending on the merits of the case, the employee may, however, have a right to equitable remuneration in accordance with legislative provisions or the employment contract. Patent information commonly refers to the information found in patent applications and granted patents. This information may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant.

But why would patent applicants disclose such extensive information about their inventions? The reason is that the patent system balances the exclusive rights granted to a patent holder over an invention with the obligation to publicly disclose information about the newly developed technology. The requirement that a patent applicant disclose information about their invention s is very important for the continuous development of the technology.

This information provides a basis on which new technical solutions can be developed by other inventors. Without publication there would be no way for the public to get information about new technical developments. It is therefore not surprising that providing information for the public is a key task of industrial property offices. Patent documents contain technological information that is often not divulged in any other form of publication, covering practically every field of technology.

All in all, they are a vast store of easily accessible human knowledge. The information contained in patent documents can be very useful to researchers, entrepreneurs, and many others, helping them:. Patent documents are published by national and regional patent offices, usually 18 months after the date on which a patent application was first filed or once a patent has been granted for the invention claimed by the patent applicant.

Some patent offices publish patent documents through free-of-charge online databases, making it easier than ever to access patent information. Though accessibility of patent information has grown as more and more patent offices make their patent documents available through online databases, certain skills are still required in order to make effective use of this information, including carrying out targeted patent searches and providing meaningful analysis of patent search results.

As a result, it may be advisable to contact a patent information professional for assistance where business-critical decisions are at stake. WIPO works to develop a balanced and effective international intellectual property IP system, a key part of which is dedicated to patents. If you couldn't find an answer to your question on this page or through the Patents homepage , then feel free to contact us. Disclaimer : The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference.

They do not necessarily represent the official position of WIPO or its member states. IP and Business Universities Judiciaries. Related links. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms.

The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

What rights does a patent provide? What kinds of inventions can be protected? How long does patent protection last? Is a patent valid in every country? How are patent rights enforced? Why are patents useful to society, business, individuals etc. These rules also differ from country to country. A longer period of protection may be awarded for the protection of medicines based on the Supplementary Protection Certificate SPC which can be used to extend the validity of a patent by up to 5 years.

Before a medicinal product comes onto the market, a number of years will pass during which research is conducted into the safety of the product. The European Medicines Agency will only issue a marketing authorisation for the active ingredient if a medicinal product is safe and effective. To compensate for this period, the term of protection of the patent can be extended by 5 years using an SPC. This gives the patent holder extra time to earn back his investment. Home Issues What rights do I need to take into account?

How can I protect my innovation? I am being copied I am accused of infringing Have I made the right choices? Branches Jobs Contact. Get in touch. Knowledge centre Blog. Timeline for Patent Applications. Scope of Patent Protection. Duration of Patent Protection. Revising a Patent. Royalties and Deductions From Licensing Inventions.

Protecting an Invention Before Getting a Patent. Working with a Patent Lawyer. Filing for a Patent Without a Lawyer. Patent Forms. Trade Secrets. Choosing Among Patent, Copyright, and Trademark. Intellectual Property FAQs. Find a Patents Lawyer. Justia Legal Resources. Find a Lawyer. Law Students. Keep in mind that you will not have enforceable rights for the full duration of your patent term. You cannot enforce a patent until the patent office allows claims and issues a patent for your invention.

If due to the fault of the patent office, there is a substantial delay in getting your patent claims, then you can have the time of the delay added on to the length of your patent. This process is called patent term extension and it occurs due to a delay in a response from the examiner or from the application's sitting in line for a long time before prosecution.

When you file your patent application also influences how long your patent lasts. For utility patent applications filed on or before June 8, , you calculate the patent term differently. The patent expires 17 years from the date that claims issue. On June 8, , laws went into effect that changed the term to bring United States patent law in line with the rest of the world. A similar change for design patents occurred more recently.

For design patent applications filed on or after May 13, , the term is 15 years from the date that claims are granted to the inventor. Before that date, the term was 14 years from the date that claims were granted.

Knowing how long your patent lasts depends on what kind of patent you have and when you filed it. The rules can be complex, but the underlying law is straightforward. As long as you know when the laws changed, just remember that the earlier you get your invention on file, the sooner your patent will expire. Contents 3 min read. Joe Runge graduated from the University of Iowa with a Juris doctorate and a master of science in molecular evolution.

H… Read more. How much does it cost to get a patent? The answer can be different depending on why you want a patent and what you're patenting. A patent gives an inventor a limited time of exclusive ownership. If the patent expires, it's possible for someone else to buy it. Find out how to buy an expired patent.