Patents
- Utility Patents: Generally last for 20 years from the filing date of the earliest U.S. application to which priority is claimed, provided that maintenance fees are paid.
- Design Patents: Last for 15 years from the date of grant if filed on or after May 13, 2015. For design patents filed before this date, the term is 14 years from the date of grant.
- Plant Patents: Last for 20 years from the filing date of the application.
Trademarks
- Initial Term: A trademark can last indefinitely as long as it continues to be used in commerce and maintains its distinctiveness.
- Renewal: In the United States, trademarks must be renewed every 10 years. The first renewal must be filed between the 5th and 6th year after the registration date, and subsequent renewals must be filed every 10 years thereafter. There is also a requirement to file a declaration of use (or excusable non-use) between the 9th and 10th years following registration.
Copyrights
In the United States, the duration of a copyright depends on several factors, primarily the date of creation and the nature of the authorship. Here are the general rules:
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Works Created on or after January 1, 1978:
- Single Author: The copyright lasts for the life of the author plus 70 years.
- Joint Authors: The copyright lasts for the life of the last surviving author plus 70 years.
- Works Made for Hire, Anonymous, or Pseudonymous Works: The copyright lasts for 95 years from the year of its first publication or 120 years from the year of its creation, whichever expires first.
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Works Created and Published or Registered before January 1, 1978:
- These works were originally protected for a term of 28 years and could be renewed for an additional 67 years, making a total of 95 years of protection. If the renewal was not filed, the work fell into the public domain after the initial 28 years.
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Works Created but Not Published or Registered before January 1, 1978:
- These works received protection under the new law, with a minimum term of protection through December 31, 2002. If the work was published before that date, it received the life of the author plus 70 years or until December 31, 2047, whichever is longer.
Note that, unlike Patents that do not have automatic reversion or termination rights for patent assignments, copyrights have termination of transfer rights that allow authors or their heirs to reclaim the rights to their works that were previously assigned to another party - not eligible for copyright works made for hire.
Trade Secrets
- Duration: Trade secrets can last indefinitely as long as the information remains secret and continues to provide a competitive advantage. The protection ends if the trade secret becomes publicly known or if it is independently discovered or reverse-engineered by others.