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There are three ways for a patent to expire: The patent has reached the end of its legally prescribed life. Maintenance fees on the patent were not paid. A court finds the patent is invalid. Utility and plant patents have a maximum life of 20 years, and a design patent has a maximum life of 15 years.
A design patent will expire 15 years from the date of issuance of the patent application for the design invention. Unlike utility patents, this 15-year period is generally not subject to adjustments and extensions issued by the Patent and Trademark Office.
What Happens When a Patent Expires? Once a patent expires, competitors can freely use, produce, and sell the previously protected product or process, which can lead to significant consequences: Loss of Exclusivity.
After the patent has expired, anyone may make, use, offer for sale, or sell or import the invention without permission, as long as such activities are not covered by other unexpired patents. Patent terms may be extended or adjusted under certain circumstances as provided by law.
First, make sure it is really expired. Second, check the “continuity” tab and see if there are other patents still in force (or pending applications) in that patent family. Perhaps most importantly, you need to seek proper legal advice. A good IP lawyer should be able to walk you through it.
For design patents, patent protection lasts for 15 years after the date when the patent was granted. (Design patents issued from applications filed before May 13, 2015 have a 14-year term.) For plant patents, patent protection lasts for 20 years after the date when the patent application was filed.
Know Your Patent’s Lifespan: Design patents last 15 years, while utility patents last 20 years. Keep track of these timeframes. Stay on Top of Maintenance Fees: For utility patents, remember to pay your maintenance fees at the 3.5, 7.5, and 11.5-year marks to avoid early expiration.
What Happens When a Patent Expires? Once a patent expires, the invention enters the public domain , meaning that anyone can legally produce, sell, or import the product without needing the original inventor’s permission.
All patents expire, but what happens when they do? Patents for inventions expire after 20 years. Patents for designs based on an existing object expire after 14 years.
When a patent expires, the legal protection that once gave you exclusive rights to prevent others from making, using, importing or selling your invention is no longer valid. In the United States, patents typically last 20 years from the filing date, assuming all maintenance fees are paid on time.