Shingle Springs, CA asked in Patents (Intellectual Property) for California

Q: I was wondering if a Patent ever expires,

Patent filed: Jun 14, 1991

Date of Patent: Feb 1, 1994

1 Lawyer Answer
Changi Wu
Changi Wu
Answered

A: Generally, utility patent is valid for 20 years from the date of filing, and design patent is 14 years from the date of grant. However, if the patent has claimed a priority date prior to the filing date, the 20 years will be calculated based on the priority date, which will make the patent expire earlier. Also, in some situation, the patent term will be adjusted for other reasons, either being shorten or extended. In addition, lack of paying maintenance fee will cause the patent to expire earlier. Therefore, your question cannot be answered without further information, such as the patent number, type, and many other information. You should talk to a patent attorney and provide him/her more information.

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