For inventors and businesses alike, patents are essential for protecting innovative ideas. But unlike trademarks or copyrights, patents don’t last forever. If you’re wondering whether patents expire, the answer is yes — and failing to prepare for that expiration could leave your invention unprotected.
Understanding the duration of patent rights and what happens when they expire can help you make smarter decisions about your intellectual property strategy. Whether you’ve already secured a patent or are just starting the process, this guide covers everything you need to know about how long patents last and what to expect when they expire.
Patents Have an Expiration Date
One of the most important features of a patent is that it provides exclusivity for a limited time. After this exclusivity ends, the patent expires and the protected invention becomes available for public use. In other words, anyone can legally make, use, or sell the invention without needing permission from the original patent holder.
Patent expiration is built into the U.S. patent system by design. The goal is to reward innovation with a period of exclusivity while eventually allowing others to build upon that innovation. This balance helps fuel technological progress and economic growth.
How Long Does a Patent Last?
The duration of a patent depends on the type of patent you file. Here’s a breakdown of the standard terms:
- Utility patents last 20 years from the date the application is filed with the U.S. Patent and Trademark Office (USPTO). This is the most common type of patent and covers new processes, machines, or compositions of matter.
- Design patents are valid for 15 years from the date of issuance, for applications filed on or after May 13, 2015. These patents protect the ornamental design or appearance of a product.
- Plant patents also last 20 years from the filing date. These are granted for new, asexually reproduced plant varieties.
It’s important to note that a patent’s expiration date isn’t calculated from the date of issuance (except for design patents), but from the date of filing. That distinction is critical when planning your protection timeline.
Maintenance Fees and Early Expiration
Although utility and plant patents are valid for 20 years, they require periodic maintenance fees to remain in force. If these fees aren’t paid on time, the patent may lapse before its official expiration date — meaning you could lose protection prematurely.
In the U.S., maintenance fees are due at three key intervals:
- 3.5 years after issuance
- 7.5 years after issuance
- 11.5 years after issuance
Failure to pay these fees by the USPTO’s deadline (plus a grace period) results in the loss of patent rights. If you’re managing multiple patents, setting up reminders or working with a patent attorney to track these fees is essential.
Design and plant patents do not require maintenance fees.
What Happens When a Patent Expires?
Once a patent expires — whether due to reaching its full term or missing maintenance payments — the invention enters the public domain. This means anyone can legally make, use, import, or sell the previously protected invention without facing infringement claims.
For inventors, this shift can be significant. If your product has relied on patent exclusivity for years, you may face new competition the moment your patent expires. On the flip side, expired patents create opportunities for others to develop new products based on older innovations without legal hurdles.
Companies often monitor expiration dates of competitor patents to spot gaps in the market or opportunities to launch generic versions of previously protected products.
Are There Ways to Extend a Patent?
In most cases, once a patent term ends, that’s it. However, under very specific conditions, the term of a patent can be extended.
- Patent Term Adjustments (PTAs): Sometimes the USPTO takes too long to process a patent application. When that happens, the applicant may receive extra days added to the term to compensate for delays.
- Patent Term Extensions (PTEs): Most common in the pharmaceutical and biotech sectors, PTEs account for time lost during FDA regulatory review. These extensions are limited and must meet strict criteria.
Both PTAs and PTEs require formal applications and are not guaranteed.
International Patent Expiration Varies
U.S. patents only offer protection within the United States. If you’ve filed for patent protection in other countries, each jurisdiction will have its own rules regarding term length and maintenance.
For example:
- European patents generally last 20 years but require annual renewal fees.
- Some countries have different rules or offer supplemental protection certificates, especially for pharmaceutical products.
If your business operates internationally, it’s critical to monitor expiration dates for each country where you hold a patent.
Planning Ahead for Patent Expiration
Patent expiration isn’t a dead end; it’s a checkpoint. Forward-thinking inventors and businesses prepare for expiration by taking steps to protect or extend their IP value:
- File improvement patents: If you enhance or evolve your original invention, those changes may be patentable on their own, giving you new protection.
- License your patent: Licensing allows others to use your invention in exchange for royalties. Even in the final years of a patent’s life, this can generate revenue.
- Invest in brand protection: Once patent protection fades, trademarks and trade dress can still help protect your product identity in the marketplace.
- Monitor competitors: Stay ahead by knowing when rival patents expire. This knowledge can open up new avenues for product development.
Final Thoughts: Understand and Strategize for Expiration
Patents are powerful, but they’re temporary. If you’ve already secured one, it’s important to keep track of deadlines, maintenance fees, and potential extensions. If you’re in the process of applying, plan ahead for what will happen when your rights eventually expire.
Knowing when and how your patent will end can help you take proactive steps to protect your invention, maintain your market advantage, and prepare for the next stage of innovation.
Need help managing your patent strategy or understanding your next steps as expiration approaches?
Book a free consultation with Schell IP to get expert legal guidance.