Terms of Patents
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". 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. In 1861 the seven year extension was eliminated and the term changed to seventeen years (12 Stat. 246, 249, 16) (from grant date). The signing of the 1994 Uruguay Round Agreements Act then changed the patent term from seventeen years from the date of issue to the current twenty years from the earliest filing date.
Year | Validity |
---|---|
-1789 | - |
1790–1835 | 14 |
1836–1860 | 21 |
1861–1994 | 17 (from grant date) |
1995- | 20 (from filing date) |
Read more about this topic: History Of United States Patent Law
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