A new patent is valid for
A new patent is typically valid for a certain period of time, which varies depending on the jurisdiction and the type of patent. Here are some general guidelines:
United States:
- Utility patents: 20 years from the date of filing (or 17 years from the date of issuance, whichever is longer)
- Design patents: 15 years from the date of issuance
- Plant patents: 20 years from the date of filing (or 17 years from the date of issuance, whichever is longer)
European Union:
- European patents: 20 years from the date of filing
- Supplementary protection certificates (SPCs): up to 5 years from the date of expiration of the basic patent
Canada:
- Utility patents: 20 years from the date of filing
- Design patents: 15 years from the date of issuance
- Plant breeders' rights: 20 years from the date of filing
Australia:
- Standard patents: 20 years from the date of filing
- Innovation patents: 8 years from the date of filing
- Plant breeder's rights: 20 years from the date of filing
Japan:
- Utility patents: 20 years from the date of filing
- Design patents: 20 years from the date of filing
- Plant breeder's rights: 20 years from the date of filing
It's worth noting that patent terms can be extended in certain circumstances, such as:
- Patent term extension (PTE) in the United States, which allows for an additional 5-year extension for certain pharmaceutical and biotechnology patents.
- Supplementary protection certificates (SPCs) in the European Union, which can extend the patent term by up to 5 years.
- Patent term adjustment (PTA) in the United States, which can adjust the patent term in certain circumstances, such as delays in the patent examination process.
It's always a good idea to check the specific patent laws and regulations of the jurisdiction in which you are seeking a patent to determine the exact term of validity.