How does the filing date affect the term of a design patent?
The filing date of a design patent application is crucial in determining its term. The MPEP clearly states:
“Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.”
To summarize:
- Applications filed on or after May 13, 2015: 15-year term from the date of grant
- Applications filed before May 13, 2015: 14-year term from the date of grant
This change was implemented as part of the Patent Law Treaties Implementation Act of 2012 (PLTIA), which took effect on May 13, 2015.
To learn more: