A patent ensures that an inventor is able to make a profit from his invention by preventing others from using, making, selling or importing without the consent of the patent owner. But once your patent expires, it is free for all. Anyone can make use of the patent without any prior consent of the owners of the patent holders. It becomes universal to use for everyone without paying anything to anyone. The patent has to be disclosed to the general public.
The companies face huge development costs and have to spend in research and development (R&D). So, the prescribed term for a patent application is not enough to derive the benefit of the patent in that span of time. Everyone wants to increase the term of the patent and you know what? You can actually do it but there’s a catch.
If you meet some requirements, you may wish to extend the term of your patent. You can take advantage of the opportunity to have extra time added to your patent term and keep your invention out of the public domain for a comparatively longer period of time.
A. Determine the eligibility:-
- Determine the status of the patent:-
The patent office keeps track of the patent application in its database. You can check the status of the patent information on the website. You can check through various sources if your patent is not available in the desired form.
- Know the kind of patent you have:-
There are two types of patents granted, namely utility patents and design patents. Utility patents cover the functions of an invention and design patent relates to the way the particular patent looks. Utility patents last for a period of 20 years and design patent usually lasts for a period of 14 to 15 years. There are also 20-year long plant patents for inventors who asexually reproduce a newly discovered or invented variety of plant.
- Find out if you qualify:-
You need to check on the official patent website whether or not if you qualify for extending the patent.
B. Extending the patent:-
- Get a term adjustment:-
If the patent filing procedure took a longer time than usual, then you are eligible to file for extending the term of your patent. It cannot be greater than 5 years.
- Increase your patent term:-
If you were granted a patent for a period less than the time the legislation allows, then you are eligible for an extension of your patent term.
- File an extension with the patent office:-
You then need to file for an extension with the patent office. Be sure to check the fee and the procedure required.
- Wait for them to call you for the hearing:-
If you are eligible for an extension, then you will be called by the patent office for an administrative hearing.
After all this procedure, you will be granted a patent extension for a prescribed period.
