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Term of patent in the United StatesFrom Wikipedia, the free encyclopediaJump to: navigation, searchIn the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, are: For applications filed on or after June 8, 1995,1 the patent term is 20 years from the filing date of the earliest U.S. application to which priority is claimed (excluding provisional applications).2 For applications that were pending on and for patents that were still in force on June 8, 1995, the patent term is either 17 years from the issue date or 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications), the longer term applying.34The patent term in the United States was changed in 1995 to bring U.S. patent law into conformity with the World Trade Organizations Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) as negotiated in the Uruguay Round. As a side effect, it is no longer possible to maintain submarine patents in the U.S., since the patent term now depends on the priority date, not the issue date.Design patents, unlike utility patents, have a term of 14 years from the date of issue.5Contentshide 1 History 2 Adjustments possible under current lawo 2.1 Terminal disclaimero 2.2 Hatch-Waxman 3 Further reading 4 References 5 External linksedit HistoryThe original patent term under the 1790 Patent Act was decided individually for each patent, but not exceeding fourteen years.6 The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen year term) an extension for the term of seven years from and after the expiration of the first term in certain circumstances.7 In 1861 the seven year extension was eliminated and the term changed to seventeen years (12 Stat. 246, 249, 16). The signing of the 1994 Uruguay Round Agreements Act8 then changed the patent term from seventeen years from the date of issue to the current twenty years from the earliest filing date.YearValidityYears-1789-1790183514183618602118611994171995-20
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