Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.
Patents
Duration of right
Angola
Argentina
The basic rule is that patents expire 20 years after the date in which the relevant patent application was filed. Argentina uses a "first to file" system, but it also applies the priority rules derived from the Paris Convention.
Argentine law provides special rules on compulsory licenses and on patent termination due to lack of exploitation of the patented invention. Compulsory licenses may be granted in case of non-exploitation, competition law violations or sanitary emergencies, among other cases. Patent termination may result when, after a compulsory license was granted for lack of exploitation, no exploitation of the invention takes place for 2 years after the license was granted.
Australia
The duration of patent protection is 20 years from the effective date of filing for a standard patent, except for pharmaceutical standard patents, which may have a maximum of up to 25 years to allow for the regulatory approvals processes. The duration of protection for an innovation patent is 8 years from the effective date of filing (and, as outlined above, the expiration for all innovation patents is August 26, 2029 – 8 years after the abolition date). Patent rights are based on a first-to-file system.
Austria
Patent rights have a duration of 20 years from the filing date of an application.
Belgium
Patents have a duration of 20 years from the date of filing of the patent application. Renewal of the right is not possible. With regard to medicinal or plant products, the patent holder may apply for a supplementary protection certificate (SPC) which extends the duration of protection of the medicinal or plant product by the patent for a maximum of 5 years.
Exploitation of the invention is not a prerequisite for maintaining patent protection. However, if the invention is not exploited in Belgium for a period of 4 years following the date of patent application or for a period of 3 years following granting of the patent, the competent government minister can grant a compulsory license.
Brazil
For patents for inventions, the duration of protection is 20 years from the filing date of application.
For utility model patents, the duration of protection is 15 years from the filing date of application.
Canada
For patents filed after October 1, 1989, the duration of patent protection is 20 years from the filing date of the application.
It may be possible to extend the patent term by up to 2 years where there are delays in a drug approval process. The extension may be applied for and granted by way of a certificate of supplementary protection (CSP).
Chile
The protection is granted for 20 years from the filing date of the application in Chile and is non-renewable.
In addition, the applicant of a granted patent can request the Industrial Property Court the compensation of delays incurred during the prosecution of the application. This petition shall be filed within 60 days from the date of acceptance provided that the application took more than 5 years from the application date or 3 years from the payment of the examination fees. The maximum extension shall not surpass 5 years.
The law also provides for the ability to file a provisional patent application, which can be used if not all the documents required for a final application are yet available. The provisional application grants the owner a right of priority for 12 months from filing; within this time, the documents required for a final application must be submitted in order to retain the priority of the provisional application. The term of the final patent application begins with the filing date of the provisional patent application.
China
Invention patents are protectable for 20 years from the filing date. Utility models and design patents are protectable for 10 years and 15 years respectively from the filing date.
Colombia
Patents are protected for 20 years from filing, subject to the right owner paying an annual fee.
Czech Republic
The duration is 20 years from filing date of application.
Denmark
Duration is 20 years from filing date of application. Denmark has a first-to-file system.
Finland
Patents have a duration of 20 years, calculated from the filing date of the application. The patent system in Finland is based on a first-to-file system.
France
Patent protection is granted for 20 years from the filing of the patent application.
Duration of protection may be extended, for medicinal products, via supplementary protection certificates and pediatric extensions.
Patents can be invalidated by Paris courts in case of lack of novelty, lack of inventive step, insufficiency of description or added matter.
An opposition procedure for patents before the National Institute of Industrial Property (INPI) was also created in 2019 as part of the “Loi PACTE” and can result in the patent being invalidated should it infringe a 3rd party’s right.
Germany
Patents are protectable for a maximum of 20 years after the filing date of the application. For certain products (ie, pharmaceuticals and pesticides), extensions to 25 years are possible via a Supplementary Protection Certificate (SPC).
Utility models are protectable for a maximum of 10 years after the filing date of application. There is a grace period of 6 months after first commercial use.
Hong Kong, SAR
The duration of protection is 20 years for a standard patent and 8 years for a short-term patent.
Hungary
The term of the definitive patent protection shall be 20 years from the date of application. A yearly renewal fee shall be paid.
The term of the protection shall expire on the day which corresponds in number to the starting day or, if this day is absent in the month of expiry, on the last day of that month. Protection shall cease after the day of expiry.
India
Patents have a duration of 20 years from the date of filing a patent application either in India or internationally under the PCT. India follows a first-to-file system.
Indonesia
A patent is granted for 20 years from the date of filing and cannot be extended. A simple patent is granted for 10 years from the date of filing and cannot be extended.
Ireland
Patent protection will last for 20 years. It is possible to obtain supplementary protection certificates for individual medicinal and plant protection products disclosed in a patent. If secured, these extend the protection by a further 5 years.
It is also possible to obtain a short-term patent.
The continuation of registered patent protection is conditional on annual renewal fees be paid each year from the 3rd year from grant.
Israel
Patents have a term of 20 years from application, subject to certain exceptions.
Italy
Patent protection lasts for 20 years for inventions and 10 years for utility models, starting from the filing date of the patent application.
Japan
For invention patents, the duration of protection is 20 years from filing date of application and up to 5 years extension, subject to certain requirements.
For utility model patents, the duration of protection is 10 years from application. No extension is available.
For design patents, the duration of protection is 25 years from filing date of application. No extension is available.
Luxembourg
Patents have a duration of 20 years from the date of filing of the patent application. Renewal is not possible.
Exploitation of the invention is not a prerequisite for maintaining patent protection. However, if the invention is not exploited in Luxembourg or any other Member State of the Agreement Establishing the WTO for a period of 4 years following the date of patent application or for a period of 3 years following the grant of the patent, a compulsory license may be granted following a request to the court.
Unitary Patent System
Regulations (EU) No. 1257/2012 and No. 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection set up the European Unitary Patent System. These regulations entered into force on 20 January 2013 and are applicable since June 1, 2023 which is the entry into force of the Agreement on a Unified Patent Jurisdiction establishing the Unified Patent Court
To date, 17 Member States have ratified the UPC Agreement (including the 3 Member States with the highest number of European patents in force in 2012: Germany, France and Italy). It is expected that further Member States will ratify the UPC Agreement in the coming years.
The unitary patent system makes it possible to get patent protection in up to 24 EU Member States by submitting a single application with the European Patent Office, thus simplifying the procedure and making it more affordable for applicants.
The Unified Patent Court (UPC) is an international court established by the participating EU Member States to deal with infringement and validity cases of unitary patents as well as European patents, thus eliminating costly parallel proceedings and increasing legal certainty. The unified patent jurisdiction will consist of a first level court in Paris (with a section in Munich) and a court of appeal in Luxembourg, as well as local divisions in several countries. From June 1, 2023, and for a transitional period of at least seven years, national courts will continue to have concurrent jurisdiction for "classic" European patents and supplementary protection certificates.
The UPC's Court of Appeal and Registry are based 1, rue du Fort Thüngen, L-1499 Luxembourg, in the immediate vicinity of the Court of Justice of the European Union and the European Public Prosecutor's Office, thus reinforcing Luxembourg's position as the European Union's judicial center.
Mexico
The duration of a patent is 20 years (non-extendable) from the filing requesting the patent; the duration for utility models is 10 years (non-extendable) from the filing requesting the registration; and the duration for industrial designs is 5 years as of the filing requesting the registration, subject to additional extensions of 5 years up to 25 years.
Netherlands
Patents have a duration of 20 years from the filing date of the patent application. It is not possible to renew the patent application. Exploitation of the invention is not a prerequisite for maintaining patent protection.
New Zealand
Patents generally have a term of 20 years from the filing date of the complete specification for the application. In certain cases, an application can be made for a term beginning from a later date. This term is subject to payment of renewal fees.
Separate registrable rights exist for plant varieties and designs.
Nigeria
Subject to payment of annual fees, a patent grant is valid for 20 years from the date of filing the application.
Priority
Priority registrations are permitted in Nigeria. Priority registration is an application made in Nigeria claiming priority on the basis of an earlier mark filed in a foreign country with which Nigeria has signed a treaty or a convention (otherwise known as a Convention Country). The list of Convention Countries is contained in the Patent and Designs (Convention Countries) Order of 1971. The application for priority registration must be made within 12 months of the earlier application in the convention country. The applicant must furnish the Registry with a copy of the earlier application within a 3-month period after filing in Nigeria. Once completed, the registration in Nigeria equates to an application made in the convention country of origin.
Norway
Patents have a duration of 20 years, calculated from the filing date of the application. The patent system in Norway is based on a first-to-file system.
Peru
The duration of an invention patent is 20 years (non-extendable) from the filing requesting of the patent, paying each year an annuity in order to maintain validity; the duration for utility model patents is 10 years (non-extendable) from the filing requesting the registration, paying each year an annuity in order to maintain validity; and the duration for industrial designs is 10 years from the filing requesting the registration (non-extendable).
Philippines
The term of a patent is 20 years from the filing date of the application, without benefit of further renewal. This is subject to the payment of annual fees.
Poland
A patent lasts for 20 years from the application date. In the case of patents referring to pharmaceutical products and plant protection products, protection for a product implementing a particular solution might be extended up to 25 years by acquiring a Supplementary Protection Certificate.
Utility models are protected for 10 years from the application date and the protection period cannot be extended.
Portugal
Patent protection is granted up to a maximum period of 20 years from the date of filling of the patent application.
Romania
Patents are protected for 20 years from the filing date of the application for registration.
Russia
Patent protection lasts for 20 years from filing the application, based on a first-to-file principle.
Saudi Arabia
Patent protection in the KSA is valid for a period of 20 years from the date of filing the application.
Note that it is also possible to file a GCC patent application which, if granted, affords protection of the patent in the 6 GCC countries. Subject to the continued payment of maintenance fees, the term of a GCC patent application is 20 years from the filing date.
Singapore
Once a patent is granted, the term of the patent is 20 years from the date of filing, subject to the payment of annual renewal fees.
Slovak Republic
The patent is valid for 20 years from the date of filing the application.
South Korea
Under the PA, the term of a patent is 20 years from the filing date of the application.
For a patent application filed on or after March 15, 2012, the term may be extended to compensate for unreasonable delays during the prosecution of the application, where the delay is caused by KIPO.
If the registration of a patent is delayed for more than 4 years from the filing date of the application or more than 3 years from the request for examination, whichever is later, the patent term can be extended for a period equal to the delay occurred. Any delays attributable to the applicant will not be included in the patent term adjustment period. The above patent term adjustment is not automatically granted by KIPO and may be awarded only upon a petition by the applicant within 3 months from the registration date of a patent.
Spain
Patents are granted for a period of 20 years from the date on which the application was filed. A maintenance fee, which is subject to a gradual annual increase, is due yearly. Once the 20-year period has lapsed, anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used.
Sweden
Patents can be maintained for a period of 20 years from the filing date of the application. If the patent relates to a medicinal or plant protection product, the term of the patent can in some cases be extended by 5 years, using supplementary protection. Sweden is a "first to file" system.
Switzerland
The duration of protection is 20 years from the filing date of the application.
Taiwan, China
The term of an invention patent is 20 years, the term of a utility model patent is 10 years and the term of a design patent is 15 years, all starting from the filing date of the application. A derivative design patent shall expire simultaneously with the original design patent.
Ukraine
Patents to inventions are granted for 20 years from the date of application. The owner of a patent to an invention may obtain supplementary protection for up to five more years, provided that the object of such invention is an active pharmaceutical ingredient of a medicinal product, the process of obtaining or the use of a medicinal product, an animal/plant protection product. Obtainment of supplementary protection is confirmed by supplementary protection certificate. The patents to utility models are granted for 10 years from the date of application.
United Arab Emirates
Patents are valid for 20 years from the filing date.
United Kingdom
Patents have a duration of 20 years from the filing date, subject to payment of renewal fees and so long as the patent is not invalidated. For patents protecting pharmaceutical products and plant protection products, supplementary protection certificates are available to extend duration up to the lesser of 5 years after expiry of the patent or 15 years from first marketing authorization.
United States
Patents filed on or after June 8, 1995 have a term of 20 years from the earliest filing date of the application on which the patent was granted. For patents filed prior to June 8, 1995, the term of the patent is either 20 years from the earliest filing date or 17 years from the issue date, whichever is longer. The US uses a first-to-file system as of March 16, 2013.
For design patents, applications filed on or after May 13, 2015 have a term of 15 years from the issue date. Design applications filed before May 13, 2015 have a term of 14 years from the issue date.
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