How to Extend the Life of a Patent
Determine the status of your patent., Know what kind of patent you have., Find out if you qualify., Be aware that extensions may not be an option.
Step-by-Step Guide
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Step 1: Determine the status of your patent.
The United States Patent and Trademark Office (USPTO) keeps a website database of patent information.
Access the USPTO database to check on your patent status.
If you can’t find all the information you are looking for in the text-based display, then look at the patent image in PDF format.
You can also look up European patents here.
Or check Google Patents.
Patents cannot be renewed and you can’t get the rights to an expired patent. -
Step 2: Know what kind of patent you have.
In the US, 2 main types of patents are given: utility patents or design patents.
Utility patents cover the function of an invention and design patents protect the way an invention looks.
Utility patents generally last 20 years, while design patents last 14 years or 15 years for those filed on or after May 13,
2015.
There are also 20 year long plant patents for inventors who asexually reproduce a newly discovered or invented variety of plant., Patent extensions are sometimes granted if there are government regulatory delays or if newer laws extend the length of a patent.
Sometimes, with very strong justification, you can try to get Congress to pass a bill to extend your patent.
If you fall into one of these categories, then you may be able to get your patent extended. , For most inventions, the given term for your patent will stand.
Recognize that you may not be able to extend your patent for this particular invention.
Focus, instead, on developing a new invention that you can then get a new patent for. -
Step 3: Find out if you qualify.
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Step 4: Be aware that extensions may not be an option.
Detailed Guide
The United States Patent and Trademark Office (USPTO) keeps a website database of patent information.
Access the USPTO database to check on your patent status.
If you can’t find all the information you are looking for in the text-based display, then look at the patent image in PDF format.
You can also look up European patents here.
Or check Google Patents.
Patents cannot be renewed and you can’t get the rights to an expired patent.
In the US, 2 main types of patents are given: utility patents or design patents.
Utility patents cover the function of an invention and design patents protect the way an invention looks.
Utility patents generally last 20 years, while design patents last 14 years or 15 years for those filed on or after May 13,
2015.
There are also 20 year long plant patents for inventors who asexually reproduce a newly discovered or invented variety of plant., Patent extensions are sometimes granted if there are government regulatory delays or if newer laws extend the length of a patent.
Sometimes, with very strong justification, you can try to get Congress to pass a bill to extend your patent.
If you fall into one of these categories, then you may be able to get your patent extended. , For most inventions, the given term for your patent will stand.
Recognize that you may not be able to extend your patent for this particular invention.
Focus, instead, on developing a new invention that you can then get a new patent for.
About the Author
Mary Adams
Specializes in breaking down complex lifestyle topics into simple steps.
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