How U.S. patent law works, from filing to expiryReviewed 9 November 2026
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Patent basics

U.S. Patent Law, Explained

Answer in brief

A U.S. patent is granted by the USPTO after examination and gives its owner the right to exclude others from the invention for a limited term: generally 20 years from filing for a utility patent, and 15 years from grant for a design patent. Utility patents stay in force only if maintenance fees are paid at 3.5, 7.5 and 11.5 years after grant.

Rules reviewed 9 November 2026 against USPTO guidance and the MPEP. Not legal advice.

  1. Wysebridge
  2. Patent basics
  3. The process
  4. MPEP
Wysebridge → Patent basics → The process → MPEP

The life of a patent

  1. Optional provisional application, holding a filing date for 12 months.
  2. Nonprovisional application, examined by the USPTO.
  3. Office actions and responses.
  4. Allowance and grant.
  5. Maintenance fees at 3.5, 7.5 and 11.5 years (utility).
  6. Expiry.

Start with the right question

Patent basicsTypes of patentsUtility, design and plant patents, and what each protects.Read the entryThe processProvisional patent applicationsWhat a provisional application does, what it does not, and the 12-month deadline.Read the entryAfter grantPatent maintenance feesWhen U.S. patent maintenance fees are due and what happens if you miss one.Read the entry

Practical entries

The processThe patent processHow a U.S. patent application moves from filing through examination to grant.Read the entryAfter grantHow long a patent lastsPatent term for utility, design and plant patents, and what can shorten or extend it.Read the entry

Questions & answers

How long does a patent last?
A utility patent generally lasts 20 years from its earliest U.S. nonprovisional filing date, with maintenance fees. A design patent from an application filed on or after May 13, 2015 lasts 15 years from grant.
What is a provisional patent application?
A lower-cost filing that holds a filing date for 12 months. It is not examined and is abandoned after 12 months unless a nonprovisional application claims its benefit.
When are patent maintenance fees due?
At 3 to 3.5, 7 to 7.5 and 11 to 11.5 years after grant, with a six-month grace period with surcharge after each window.

Sources for this entry

  1. USPTO — Managing a patent USPTO
    A utility patent's term is generally 20 years from the earliest filing date, subject to maintenance fees; it grants only the right to exclude.
  2. USPTO — Types of patent applications USPTO
    Utility, design and plant patents; a provisional application is abandoned 12 months after filing and is not examined.
  3. USPTO — Maintain your patent USPTO
    Maintenance fees are due 3 to 3.5, 7 to 7.5 and 11 to 11.5 years after issue, with surcharge grace periods to 4, 8 and 12 years.
  4. USPTO — MPEP § 1505 Term of Design Patent USPTO
    Design patents from applications filed on or after May 13, 2015 last 15 years from grant (35 U.S.C. 173).

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

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Patent Law Center. “U.S. Patent Law, Explained.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentlawcenter.com/