How long does a patent last?

In North Carolina, a patent lasts for 20 years from the date the application for the patent was filed. During this time, the patent holder has the exclusive right to make, use, and sell the invention. When an inventor applies for a patent, the application is examined by the United States Patent and Trademark Office to determine if the invention is new and original. If the patent is approved, then the patent is valid for the 20-year period. At the end of the 20-year period, the patent expires and the invention is available for anyone to use. The inventor, or the heirs, may choose to extend the patent for an additional 14 years, if the patent has not already been extended. This is referred to as a "patent term extension" and is granted under certain conditions. It is important to note that the patent owner is not guaranteed these 20 years of exclusive rights. If someone contests the patent, then it can be revoked. This is why it is important to consult an attorney experienced in patent law to ensure that the patent remains valid.

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