The term of a patent is the maximum period of time it can remain legally in force. In the US, it ends 20 years from the first filing date, while in the EU it’s 20 years from the effective date of filing. Canada and France have a 20-year term from the issue of the patent, while Japan and China have 20-year patent terms for inventions. There are three basic types of non-inventive patents: design, utility, and plant patents, with terms of 14, 17/20, and 20 years respectively.
The term of the patent is the maximum period of time during which a patent can remain legally in force unless extended or renewed. Typically, this is a fixed period of years starting from the date of the patent application or from the date of grant of the patent. A patent lapses if the required maintenance or renewal fees are not paid.
In the United States, the patent term ends 20 years from the first filing date. The 20-year deadline has been changed from the 17 years following the adoption of policies set out in the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). The 20-year period is not retroactive but is calculated on which period is longer, 17 years from the granting of the patent or 20 years from the filing date of the application.
In the EU, the European Patent Convention requires all member jurisdictions to set a patent protection term of 20 years from the effective date of filing of a European patent application. The 20-year term can be extended under the law of a member nation if its national legislation provides for extensions. There are one-year priority rights for which a patent can also be filed in another country. The 20 years therefore start from the filing date of the foreign application.
The term of the patent in Canada and France is 20 years from the issue of the patent. French patent grants are available only in the territory of France. Under certain circumstances, extensions of the French patent may be available.
Japan and China both have 20-year patent terms for inventions. Japan offers patent protection only for inventions. The patent term for a “utility model” in China is only 10 years. A utility model is a new solution relating to an invention or the shape, structure or combination of the two of a product. Patents in India remain in force for 20 years from the filing date and this term applies to all patents still in force as of May 2, 2003.
There are three basic types of non-inventive patents. They are design, utility and plant patents. Design patents concern ornamental designs on functional objects such as jewellery, beverage containers or wallpaper. Utility patents protect the way an invention works or is used, and the patent can cover a method or a device. Plant patents involve the creation of new or distinctive varieties of plants and flowers.
The term of a design patent is 14 years. The duration of the utility patent is 17 years for patents issued before 8 June 1995 and 20 years for patents issued thereafter. Plant patents expire 20 years from the date of application.
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