A U.S. patent gives to a patent owner a right to exclude others from making, using, selling or importing an invention covered by the patent for a limited time defined by the “term” of the U.S. patent.  The U.S. government grants this limited monopoly in a “bargain” for full disclosure and benefit of the invention by the public after the term of the patent expires.  The term of such a U.S. patent thus reflects the value of that bargain to a U.S. patent applicant.  In deciding whether to invest in a U.S. patent application project to protect an invention, a party should consider the cost of U.S. patent services to obtain a U.S. patent relative to the value of a patent term.

The U.S. government grants different types of patents for different types of inventions.  A “utility” patent covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”  A “plant” patent covers an invented or discovered and asexually reproduced distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.  A “design” patent covers unique visual qualities of a manufactured item.

A U.S. design patent has term of 14 years from the date of issuance if issued from a design patent application filed before May 13, 2015 and has a term of 15 years from the date of issuance if issued from a design patent application filed on or before May 13, 2015.  A U.S. utility patent and a U.S. plant patent each have a term of 20 years from the earliest filing date.  The term of a utility patent may be extended in certain circumstances if the U.S. Patent Office introduces delays in prosecuting the related U.S. patent application and/or introduction of a product covered by the utility patent is delayed awaiting FDA approval.