Saturday, March 7, 2015

How long can a product be patent for?

How long can a product be patent for?
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.

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