The life of a patent is 17 years in the United States.
A utility patent provides long-term protection for a new invention, while a provisional patent offers temporary protection and allows for the filing of a regular utility patent application within a year.
The drug will not be able to be patented again. Once the patent runs out, other companies can manufacture it without paying licensing rights.
At the time of the light bulb's invention, the term of protection on a patent was 17 years.
In the US, drug patents give twenty years of protection, but they are applied for before clinical trials begin, so the effective life of a drug patent tends to be between seven and twelve years.
A provisional patent lasts for 12 months from the filing date. The duration of a provisional patent affects the timeline for filing a non-provisional patent application. It provides temporary protection for your invention while you work on developing it further and filing for a non-provisional patent. If you miss the deadline to file a non-provisional patent application, your invention may lose its protection and become public domain.
Copyright and patent protection is for a limited time, but trademarks can be protected for as long as they are in use.
An Australian patent typically lasts for 20 years from the filing date for standard patents. For innovation patents, which are a shorter-term option, the protection lasts for up to 8 years. To maintain the validity of a patent, annual renewal fees must be paid.
To apply for a provisional patent, you need to submit a detailed description of your invention to the United States Patent and Trademark Office (USPTO). This description should include drawings, if applicable, and clearly explain how your invention works. You will also need to pay the required filing fee. Keep in mind that a provisional patent provides temporary protection for your invention and must be followed up with a non-provisional patent application within one year to secure long-term protection.
Patents have nothing to do with the FDA. The 17 year life is given by the US Patent office and dictates how long a drug can be marketed exclusively and without a generic competitor. The 17-year clock starts ticking when the patent is filed which is very early in the development cycle. As the time to approval of a drug is around 10-12 years, the company has only 5-7 years to recoup the enormous investment (close to $1b) costs involved with bringing that drug to market.
A plant patent typically lasts for 20 years from the date of filing. The duration of a plant patent affects the exclusivity of the rights granted to the patent holder. A longer duration allows the patent holder to have exclusive rights to their invention for a longer period, potentially leading to greater financial benefits and protection of their intellectual property.
The patent expires in 2017. You don't have all that long to wait.
I believe that with any drug, the company that did all the research and development (usually 10 or so years) to make the drug wants to recoup their investment. Thus they have a patent for a lengthy period of time so that only that one company can manufacture the drug. Once the patent expires then one of two things happens: they can revise the drug and get another patent, or release the drug so that any company can make it. Since all the research and development is already done, those companies can make it much cheaper - they just can't make or market it by its original name (in this case Viagra) - it has to be marketed under its generic name. When you see the symbol "R" enclosed in a circle after the name, that is an indication that is the original trade name. Generics do not have that symbol.