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Patent Duration?

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Boomyal

Junior Member
What is the name of your state? Washington

What is the length/duration of patents for mechanical devices, both for general concept and/or specific execution?

Also, are they renewable or extendable?

Thanks in advance. I did a search for Patent length and Patent duration and did not come up with anything.
 


divgradcurl

Senior Member
What is the length/duration of patents for mechanical devices, both for general concept and/or specific execution?

It depends on when the patent was originally filed, if the patent has already issued. If you are talking about a new patent, then the term of the patent is 20 years from the earliest effective filing date -- 20 years from the filing date of the patent, unless the patent claims priority to an earlier-filed provisional patent or is a continuation, CIP or divisional of an earlier patent, then it is 20 years from the earliest date from which the patent claims priority.

Also, are they renewable or extendable?

No.
 

divgradcurl

Senior Member
Thanks! My question did apply to an already existing patent.

Then the term depends on the filing date and the issue date. If the patent issued before June 8, 1995, then the term is 17 years from date of issue. If the patent was filed before June 8, 1995, but issued after June 8, 1995, then the term is either 17 years from date of issue or 20 years from the earliest effective filing date, whichever is longer. If the patent was filed after June 8, 1995, then the term is 20 years from the earliest effective filing date.

Of course, patent terms may also be shortened due to a terminal disclaimer or failure to pay maintenance fees, and may be lengthened due to prosecution delay or (very rarely) congressional order. Any changes to the term will be noted on the cover page of the patent. Expiration of the patent due to failure to pay maintenance fees can be determined by searching in Public PAIR on the USPTO site. Lengthening of the term by congressional action can be determined by searching the Gazette on the USPTO website, plus there is a section which has this information -- but this is so rare it is not really worth spending a lot of time on.
 

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