Decades Of Experience In Science, Business And Intellectual Property Law

Does a patent expire?

On Behalf of | Jan 30, 2025 | Patents

Getting a patent is a very important step to protect your intellectual property. If you have developed a product or an invention for your business, you likely want to get a patent before you release it to the public. This prevents other companies from taking your design and creating fakes, protecting your intellectual property and your ability to profit from that invention.

However, it is also important to remember that a patent doesn’t last forever. It can expire and may need to be renewed. How long you have depends on the type of patent you have been granted.

Utility patents

If you have a utility patent under U.S. law, it typically lasts for 20 years from the date you file your patent application. However, to ensure that the patent remains enforceable, you may have to pay certain fees on a scheduled basis.

Design patents

On the other hand, if you have a U.S. design patent, it will last either 14 or 15 years before it expires, depending on when you filed it. If it was filed on or after May 13, 2015, then you get the full 15 years after the patent was granted. If you filed for the patent prior to this date, then it only lasts for 14 years.

Defending your intellectual property

Getting a patent is important, and it is also critical to understand how to maintain its enforceability and when to seek a renewal. You need to keep an eye on critical deadlines so that the patent does not expire unexpectedly, exposing your IP. Make sure you know what legal steps to take at this time.