How long does a patent last?
In Texas, a patent typically lasts for 20 years from the date when the patent application was filed. This is the same regardless of whether the patent is for a utility, plant, or design patent. In many cases, the patent may not be valid for the full 20 years, depending on the payment of certain fees and other factors. Patent owners must pay renewal fees (also known as maintenance fees) in order for the patent to remain in effect. The fee amount and due date depend on the type of patent and the date when the patent was granted. Generally, patents must be renewed every third, seventh, or eleventh year after the grant date in order to remain in effect. If the patent owner fails to pay the required fees, the patent will expire. Also, patent owners should be aware that anyone can challenge the validity of a patent within the term of the patent or even after the patent has expired. If the challenge is successful, the patent will no longer be valid and the patent owner will have lost their exclusive rights to the invention. In summary, the term of a patent in Texas is usually 20 years from the date when the patent application was filed. However, patent owners should be aware that they must pay required renewal fees, or the patent may expire early. Additionally, anyone can challenge the validity of a patent at any time, potentially invalidating the patent.
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