Nashville Intellectual Property Lawyer- Duration of IP Rights

 

Nashville Intellectual Property Lawyer

The Lifespan of Intellectual Property Rights

A common source of confusion among the public is the lifespan or duration of intellectual property rights.  While the laws have been amended periodically, as of today, a federal trademark can potentially last forever. I say potentially because in order for a trademark owner to retain his/her perpetual rights he/she must file the necessary renewal affidavits with the USPTO, one between years 5-6 and the other between years 9-10, affirming that the mark is still being used in commerce. An owner must also take adequate measures to maintain their mark and protect their mark from infringement.

A copyright, on the other hand, has a fixed term. Generally speaking, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, copyright protection endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. Depending on several factors the lifespan of a copyright for works first published prior to 1978 will vary.

Lastly, a  utility patent, provided that all maintenance fees have been paid,  filed on or after June 8, 1995, will have a lifespan of 20 years from the filing date of the earliest U.S. application. Applications that were pending on and for patents that were still in force on June 8, 1995, the lifespan is the longer of 17 years from the date of issuance or 20 years from the filing date of the earliest U.S. application. A design patent, unlike a utility patent, has term of 14 years from the date of issuance.