In general, a patent can be maintained for 20 years from the date of its first priority filing. In some pharmaceutical cases delayed by the FDA, the date can be extended somewhat.
However, a patent filed in the USA prior to June 1995 may lapse 17 years after date of ISSUE (not filing) or 20 years after date of filing, whichever is later.
Patents may also lapse because of non-payment of required maintenance fees, which vary by country.
Furthermore, a patent may be ruled completely or partially invalid for any number of reasons, making its protection questionable from that date on.
Finally, if a patent is never issued (for one reason or another) or is never filed, or is filed improperly, then it does not protect the invention at all.
On a related note: plant patents and design patents (and the like) are generally limited to much shorter periods of protection.
Patents that issued prior to or on June 7, 1978 had a term that was 17 years from the issue date. These patents have all expired.
Patents that were filed after June 7, 1978 and issued before June 8, 1995. These applications have a term that is the longer of the two following options:
1) 17 years from the issue date of the application, or
2) 20 years from the earliest filing date.
Applications that were filed before June 8, 1995 and were pending on June 8, 1995 have a patent term that is the longer of the two following options:
1) 17 years from the issue date of the application, or
2) 20 years from the earliest filing date.
For applications filed on or after June 8, 1995, the patent term is 20 years from the earliest filing date. Eventually, barring future changes in patent term policy, all patents will expire 20 years from their earliest filing date.
US Utility Patents that issued prior to or on June 7, 1978 had a term that was 17 years from the issue date. These patents have all expired.
Patents that were filed after June 7, 1978 and issued before June 8, 1995. These applications have a term that is the longer of the two following options:
1) 17 years from the issue date of the application, or
2) 20 years from the earliest filing date.
Applications that were filed before June 8, 1995 and were pending on June 8, 1995 have a patent term that is the longer of the two following options:
1) 17 years from the issue date of the application, or
2) 20 years from the earliest filing date.
For applications filed on or after June 8, 1995, the patent term is 20 years from the earliest filing date. Eventually, barring future changes in patent term policy, all patents will expire 20 years from their earliest filing date.
It depends on many things, but normally it takes 3-6 months to complete the patent.
The article below answers this question statistically by compiling data from seven different countries.
The length in time a product can be patented for varies slightly but is now generally 20 years from the date of application. For US patents issued prior to 1995, the standard duration was 17 years from date if ISSUE. For applications pending in 1995, the duration is the longer of the two choices.
Some patents for medications can be extended day-for-day, according to how much delay is caused by FDA review.
It makes absolutely no difference if the product or idea changes over that period of time: it cannot be patented for longer. Only a DISTINCT improvement, which is patentably "new and non-obvious" over the earlier patent (and all other prior art existing at the time of filing), may be granted a new patent expiration date.
Patents that issued prior to or on June 7, 1978 had a term that was 17 years from the issue date. These patents have all expired.
Patents that were filed after June 7, 1978 and issued before June 8, 1995 have a term that is the longer of (1) 17 years from the issue date of the application, or (2) 20 years from the earliest nonprovisional filing date.
Applications that were filed before June 8, 1995 and were pending on June 8, 1995 have a term that is the the longer of (1) 17 years from the issue date of the application, or (2) 20 years from the earliest filing date.
Applications filed on or after June 8, 1995 will have a patent term of 20 years from the earliest filing date.
Design patents are valid for 14 years from the date of patent grant, and, unlike utility patents, their applications are kept secret until the actual grant is issued.
20 years
One type of patent is the design patent, which protects "ornamental characteristics." If the design is sufficiently innovative, it may receive a design patent.
The patent would refer to the design of a fob. Patents at the time were good for 17 years to cover the patented design. The patent gave the inventor the right to legally prevent other people from using his invention without a license.
You'll want to file a design patent application. This basically is a special type of patent for people who have a design for a new product.
Anyone desiring to secure a patent upon his or her special design will need to perform a design patent search. Design patents are reserved for a special category of physical items under law. Laws for design protection vary by country around the globe. In the United States, the ornamental design that is on a functional item can be granted a design patent. A design patent can only be granted for a unique ornamental design of an item that is functional. Examples include computer icons and other computer images, beverage containers, jewelry and furniture. This patent is also a form of an industrial design right, enforceable by law. Design patent attorneys are able to register with the government as an agent or attorney specializing in patent applications after they pass a registration examination offered by the U.S. Patent and Trademark Office. Foreign countries have their own form of a design patent and application procedure. To consider another design to be an infringement upon a design patent, it only needs to be shown that another design is similar to the patented design; it does not need to be an exact copy. The inventor, a patent attorney, or registered patent agents are the only ones who are allowed to prosecute design infringement or to file a design patent application. Most design patent applications contain a transmittal, a specification, some drawings and a declaration. The design patent application will not be published in the United States and several other countries until it is granted. It is very important to maintain secrecy until the patent is granted. Design patent searches are made to determine that the new design does not infringe upon another patented design. Most patent design searches and applications are done by patent attorneys to ensure that all legal aspects of the process are performed correctly. Design patents are valid for a period covering 14 years following the issue date. This type of patent is only for the ornamental nonfunctional design of a functional item. Some items that have a design patent may also have a copyright or a trademark. Each separately protects from being copied under penalty of law. There are 33 categories of items that can be granted a design patent in the United States. Items include apparel, packaging, musical instruments, games, toys, lighting, cosmetic products and many other items that can incorporate unique nonfunctional designs. (A chart showing all categories can be viewed at: http://www.freepatentsonline.com/design-patents.html.)
The Frisbee patent was issued on September 30, 1958 as Design Patent number D183,626.
Yes.
According to Google Patents, patent D161783 was dated 1950.
You would need to supply the patent office with detailed images of the design, as part of the application process. Unlike copyright, the patent process is quite elaborate and often requires the assistance of an attorney. For information on US design patent applications, see the link below.
According to the US Patent and Trademark Office:A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Inventions are protected by patent law.
The most common patent is a utility patent, which covers a new product or process. A design patent covers ornamental characteristics of a product, and a plant patent covers newly-developed hybrids.
One of the most famous design patents ever was issued to Auguste Bartholdi. He received US Patent D11,023 on February 18, 1879 for the Design of a Statue of Liberty Enlightening The World- The Statue of Liberty