How long does a patent last?

A patent grants the inventor exclusive rights for a certain period of time, but how long is that protection? Generally, patents last for 20 years, though some industries benefit from special extensions. Let's break down how long a patent can protect an invention and when exceptions come into play.

The standard patent lifespan: 20 years and the influence of priority rights

Most patents provide protection for 20 years from the date of filing. This means that, during those two decades, the patent holder has the exclusive right to make, use, or sell the invention. After 20 years, the patent expires, and the invention becomes part of the public domain, which means anyone can use it without needing permission.

The priority right allows an applicant to claim the earliest filing date of a similar earlier application, giving them 12 months to file in other countries while keeping the original filing date. This effectively results in up to 21 years of protection from the first priority date, giving inventors extra time to make informed decisions regarding their IP strategy.

The use of the priority right under the Paris Convention and the default 20-year patent term are consistent across most jurisdictions, including Europe under the European Patent Convention (EPC) and the United States under their national patent laws.

Utility Models: A Shorter Alternative to Patents

Utility models provide an alternative form of intellectual property protection that is shorter and easier to obtain compared to standard patents. In most European countries, utility models are available primarily for inventions related to products, not processes or methods. Often referred to as "petty patents," utility models offer protection for inventions lasting up to 10 years in most jurisdictions, including Europe and China.

For example, in Germany, Spain and China, utility models are granted for a term of 10 years. Utility models are generally granted faster and with fewer requirements than standard patents, making them an appealing option for inventors looking to protect incremental innovations without the full cost and time investment of a patent application.

Special extensions: supplementary protection and administrative delays

A. Pharmaceuticals and plant protection products

Certain industries benefit from mechanisms that extend patent protection beyond the standard 20 years. Pharmaceuticals and plant protection products are prime examples, where regulatory hurdles can significantly delay a product’s time to market. To address this, Europe has a system for granting supplementary protection certificates (SPCs) that can extend a patent by up to five additional years to compensate for time lost during regulatory approval processes. On top of this, a six-month paediatric extension may be added if the medicine has undergone studies to ensure its safety for children.

In the United States, a similar system exists called patent term extension (PTE), which allows up to five years of extra patent protection to make up for time lost during regulatory review by the FDA. However, even with an extension, the patent term cannot exceed 14 years from the date of market approval.

B. Delays in patent processing

In addition to regulatory approval, delays in patent processing can also shorten the effective period of protection. In the United States, patent term adjustment (PTA) compensates for administrative delays that occur during the prosecution of a patent application. If the USPTO takes longer than expected to process an application, the patent term can be adjusted to restore some of that lost time.

Unfortunately, Europe does not have a comparable mechanism for delays within the European Patent Office (EPO). In Europe, any extensions are limited to those offered under the SPC system for pharmaceuticals and plant protection products.

Conclusion

Understanding patent durations goes beyond the standard 20-year rule. Priority rights can effectively extend the total protection period to 21 years from the priority date. Utility models in Europe and China provide a faster, albeit shorter, form of protection at a lower cost. In industries where regulatory approvals cause significant delays, mechanisms like SPCs in Europe and PTE in the US are crucial in preserving the value of a patent.

Whether you’re working on the next big invention or just curious about how patents work, understanding these timeframes—and the exceptions to them—helps explain why some products enjoy market exclusivity for longer than others.