How long does patent protection last?

For U.S. utility and plant patents issued from patent applications filed after June 8, 1995, the term of patent protection extends 20 years from the from the filing date of the earliest U.S. non-provisional patent application to which priority is claimed. For design patents, the term is 14 years. Certain patents are eligible for patent term adjustment to extend the period of protection beyond 20 years, as this often happens if the Patent Office takes more than 3 years to review and approve the patent application, or if there are administrative delays in processing and issuing the patent application. For pharmaceutical patents, term extensions may also be available to compensate for delays in securing FDA approvals. The patent term of an obvious offshoot of an inventor’s previous invention may also be shortened by a terminal disclaimer.

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