How Long is a Patent Valid According to Law?
The international TRIPS agreement, signed in the 1990s, establishes that patent validity is at least 20 years from the application submission date. Most countries adopted this rule, including Israel, where already in 1967 it was defined by law that a patent is valid for 20 years – regardless of whether it’s a local application, international (PCT), or provisional application.
In Europe, laws are more uniform – patent validity stands at 20 years from application submission date, while in the United States there’s a distinction:
- Applications submitted before 1995 – the patent is valid for 20 years from filing date or 17 years from approval date (whichever is longer).
- Applications submitted from 1995 onward – patent validity is always 20 years from submission day.
Legal Validity Versus Effective Validity
It’s important to understand that the standard protection period on a patent of 20 years is counted from application submission day, not from final approval day. Since the patent examination process can last in Israel and many other countries 3-5 years and even more, the meaning is that the actual effective protection duration can be much shorter than 20 years. Therefore, already at an early stage, it’s worthwhile to take into account expected schedules and build a strategy that will ensure optimal utilization of the protection period.
Renewal Fee Payment – Condition for Maintaining Validity
Even after patent approval, responsibility doesn’t end. To maintain patent validity throughout the entire period, periodic renewal fees must be paid to the Patent Authority. In Israel, these fees are paid once every several years, usually 6 or 4 years, but it’s possible to pay in one advance payment all renewal fees for 20 years.
Failure to pay the fee on time will lead to fines and ultimately patent expiration. In other words, even an approved patent can become invalid and free for public use if you don’t maintain proper management and pay fees on time.
Patent Expiration – What Happens When Protection Ends?
When patent expiration arrives, the invention becomes free for use by everyone. This is a stage where other companies can copy, manufacture, and market products based on the invention – which usually leads to price reduction and increased market competition.
On the other hand, for the inventor, this is a loss of legal protection. Therefore, proper management of the patent’s life cycle – tracking validity dates, possible extensions, and business preparation – is critical. Toward the end of the period, it’s possible to submit patent and design applications on improvements and refinement not yet published to try to capture an improved invention.
Patent Validity Extension – When is it Possible?
In certain cases, it’s possible to extend patent validity beyond 20 years:
In Israel – mainly in pharmaceutical and chemistry fields, when there’s delay in receiving marketing approvals.
In the USA – an extension can be obtained for delays in Patent Authority response, oppositions, or exceptional delay of more than 3 years until approval.
In Europe – extension depends on each country’s laws, usually through Supplementary Protection Certificate (SPC) for the medical and agricultural field.
It’s important to note that patent validity may also be shortened, for example if it turns out the patent owner provided misleading information to the Patent Registrar or court.
Free Patents – What’s the Meaning?
There are inventions whose owner chooses to publish to the public without registration. These are sometimes called free patents. The meaning is there’s no legal protection and anyone can use, develop, or implement the idea.
In certain cases, it’s possible to profit even from free inventions, for example in agreement between the inventor and another party that will pay for use. However, whoever wants to maintain real control over their idea must submit a patent registration application well in advance.
In Summary – Know Until When Your Patent is Valid
Patent validity grants the inventor exclusive right for 20 years in most countries, but there may be extensions or shortening according to circumstances. With the period’s end comes patent expiration stage, where the invention becomes free to the public. Therefore, every entrepreneur or inventor must understand the meaning of how long a patent is valid, and plan accordingly their business and legal steps.
Want to ensure your idea is protected? We at Av Tipus company accompany entrepreneurs and inventors from the idea stage to actual patent registration by technical team and consulting patent attorneys – in Israel and worldwide. With experience of over 25 years, our team of engineers, designers, and patent attorneys knows how to maximize your protection to be as maximal as possible.
Call today at 03-9711011 or send us email at info@avtipus.com and we’ll be happy to help you realize your invention’s potential.
Questions and Answers on Patent Validity
1. What’s the difference between patent expiration and patent cancellation?
Patent expiration occurs naturally at the end of 20 years or due to non-payment of renewal fees. Patent cancellation, in contrast, is a legal process where it’s determined the patent wasn’t valid from the start, for example due to lack of novelty or errors in the registration process.
2. Is it possible to extend patent validity?
Yes, in certain fields such as pharmaceuticals and chemistry it’s possible to request extension, but this is conditional on meeting law requirements.
3. What’s the meaning of patent expiration?
After patent expiration, the invention becomes public domain, and anyone can use it without legal restrictions.
4. Can a patent end earlier than expected?
Yes. If it turns out incorrect or outdated details were provided in the patent application, the court or Patent Registrar are authorized to shorten the protection period.
5. What is “plant breeder’s rights”?
Unlike a regular patent, new plant varieties are protected by a unique right called “plant breeder’s rights.” The protection period varies by plant type and can grant exclusivity similar to a patent, but in a separate legal track.
6. How to manage a patent portfolio?
Entrepreneurs and companies holding multiple patents need to manage them as a business portfolio. It’s recommended to conduct periodic review of each patent’s commercial value, decide which patents to preserve and which can be abandoned, and use alert systems for fee payment.