How long does a patent last?
In California, patent protection lasts for a set period of time. Generally, a patent has a term of 20 years from the date the patent application was filed with the United States Patent and Trademark Office. This is the same for both utility and design patents. In some cases, the term of the patent may be extended. For instance, pharmaceutical patents must comply with the Hatch-Waxman Act, meaning that the patent holder can extend the term of the patent for up to five years if the patent is held up by the FDA’s approval process. In addition, the America Invents Act of 2011 provides for certain extensions to the patent term due to certain delays caused by the USPTO. When the term of the patent runs out, the invention is no longer protected by the patent and anyone can make, use, or sell the invention without having to get permission from the patent holder. This is why it’s so important for inventors to renew their patents once they’re set to expire in order to maintain their exclusive rights to the invention.
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