How Patents Expire?

How Patents Expire: What Every Inventor Needs to Know

As an inventor, securing a patent is just the beginning of your journey to protect and monetize your idea. But many inventors overlook the importance of understanding how patents expire and the crucial steps needed to maintain their enforceability. I’m JD Houvener, founder of Bold Patents Law Firm, where we’ve helped thousands of inventors secure nearly 500 patents. Today, I’ll break down how patents expire and the key things you need to know to protect your rights.

Two Primary Ways Patents Expire

There are two main ways patents expire:

1. Natural Expiration: Every patent comes with a limited lifespan. For design patents, this is 15 years from the date of issuance. For utility patents, the term is 20 years from the date of filing. However, it’s not always a straightforward path, as there are several bumps along the way.
2. Failure to Enforce: A patent may also lose its enforceability if the inventor doesn’t take steps to protect their rights. If you, as the patent holder, allow others to infringe on your patent without taking action, it’s possible for your rights to be lost prematurely.

What Happens During the Life of a Patent?

Once you’ve successfully convinced the USPTO examiner that your invention is both novel and non-obvious, and your patent has been granted, the clock begins ticking on its term. However, in some cases, the United States Patent and Trademark Office (USPTO) may extend the life of your patent due to delays on their end during the examination process. This is called patent term adjustment, and it can add additional time to your patent’s lifespan, especially for utility patents.

But even after your patent is granted, you must continue to maintain it to keep its exclusivity.

Maintenance Fees for Utility Patents

Many inventors are unaware that after a utility patent is granted, you need to pay maintenance fees at several key intervals to keep the patent in force. These checkpoints occur at the 3.5-year, 7.5-year, and 11.5-year marks during the patent’s 20-year term.

If you miss these payments, your patent could expire early, meaning you will no longer have exclusive rights to your invention. Bold Patents can assist you with keeping track of these deadlines and ensuring your fees are paid on time to avoid any disruption in your patent’s enforceability.

For design patents, you’re in luck—there are no maintenance fees during the 15-year patent term.

Failure to Enforce: A Common Pitfall

Another lesser-known way a patent can expire early is through failure to enforce. If you’re aware of an infringer—whether it’s a competitor or another party using your invention without permission—but fail to take legal action, you could lose your rights through a legal defense called laches. This defense is used when the patent holder has delayed enforcing their patent rights for an unreasonable amount of time, allowing the infringer to continue using the patented invention without penalty.

To protect your patent, it’s crucial to enforce your rights promptly. Whether you’re a small business or a lone inventor, it’s important to understand that the law is on your side. The U.S. Federal Court system offers robust protection for patent holders, even when up against large corporations. Don’t let your patent rights expire early due to inaction. You worked hard to get your invention patented—take action to ensure it’s protected.

Key Takeaways for Patent Holders:

1. Know Your Patent’s Lifespan: Design patents last 15 years, while utility patents last 20 years. Keep track of these timeframes.
2. 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.
3. Understand Patent Term Adjustments: The USPTO may grant additional time if delays occurred during the patent examination process, so be sure to check if this applies to your patent.
4. Enforce Your Rights: Don’t allow infringers to use your invention without action. Failure to enforce your rights can lead to early expiration of your patent.
5. Get Legal Assistance: Navigating the complexities of patent law is difficult. Bold Patents can help you ensure your patent stays enforceable and guide you through the steps to protect your invention.

If you have questions about where you stand in the patent process or are unsure how to protect your rights, reach out to us at Bold Patents. Whether you’re just starting with your idea, are in the patent filing process, or have already secured your patent and are looking to protect it, we can help.

Protect Your Patent: Schedule a Free Discovery Call

At Bold Patents, we specialize in helping inventors like you protect and enforce their patent rights. If you’re concerned about your patent expiring or need guidance on maintaining your patent, schedule a free discovery call with one of our patent attorneys here . Let us help you navigate the complexities of the patent world, so you can focus on bringing your invention to life.

With a strong patent strategy, you can prevent your invention from expiring prematurely and ensure that your hard work and creativity are protected for years to come. Don’t leave your patent’s future to chance—reach out to us at Bold Patents Law Firm and take control of your patent rights today.