How Long Do Patents Last?

Patents are like dairy products, eventually they both expire. Granted, patents last a lot longer than dairy products, but just like dairy different kinds of patents have different expiration dates.

Utility and Plant

In the United States utility and plant patents (which make up the majority of patents) will last 20 years, starting from the date of filing. However, this doesn’t mean once you get the patent you can forget about the patent office for the next 20 years. In order to maintain your patent over 20 years you need to pay maintenance fees. These fees are due 3.5 years, 7.5 years, and 11.5 years after the patent is issued.

There’s really no rhyme or reason the fees are due on such a random schedule. In fact, most European countries require maintenance fees every year, but the USPTO decided to change it up a bit.

If you fail to pay these fees on time, the patent will expire and you will lose the protection you once had. Sometimes, patent owners willingly stop paying the maintenance fees because they cost more than the patent is worth (the longer you hold the patent, the more the maintenance fees cost).

Design Patents

A design patent will last 14 years. Maintenance fees are not required for design patents.

What Happens After a Patent Expires?

Once a patent has reached the end of its life it goes to public domain. If it goes to public domain, anyone can use it and sell it without permission from the owner.

The patent lawyers at Parsons & Goltry can help you get the patent protection you need. If you have any questions call today for a consultation.

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