What is the term length of a U.S. utility patent?

What is the term length of a U.S. utility patent? A U.S. utility patent generally lasts 20 years from the earliest effective non-provisional filing date. The term assumes required maintenance fees are paid and can be adjusted or extended in certain circumstances.

The modern filing-date system began for applications filed on or after June 8, 1995. It replaced the older U.S. rule, under which many patents lasted 17 years from the issue date. The change aligned American patent terms more closely with international standards established through the WTO’s TRIPS Agreement.

A utility patent protects functional inventions, including processes, machines, manufactured articles, and compositions of matter. It differs from a design patent, which protects ornamental appearance. Design patents filed in the United States on or after May 13, 2015, generally last 15 years from issuance.

Twenty years is a standard maximum, not an absolute promise that every patent remains enforceable for that entire period. A patent can lapse for failure to pay maintenance fees, and patent term adjustment may add time for certain USPTO delays. Terminal disclaimers and other rules can also shorten the effective term.