Patent term expiration refers to when a patent ceases to be valid. The patent term defines the time limits of the patent during which patent rights and infringement laws are enforced. As a general rule, most patent terms last for 20 years. However, this number can vary depending on a number of factors, such as the type of application (utility, design, or plant), the actual filing date of the application, the grant date of the patent, and the timely payment of patent maintenance fees. With so many variables at hand, calculating the exact term of a patent can be tricky. The United States Patent and Trademark Office (USPTO) has acknowledged this complexity by providing an online patent term calculator that can be used to estimate patent term expiration.Â
Up until 1995, patents in the United States remained valid for 17 years from their grant date. However, following a nationwide-change on June 8, 1995, U.S. patent law was brought into conformity with the World Trade Organizations guidelines for intellectual property rights. According to this new law, the standard patent term became 20 years instead of 17. As a result, U.S. patents (except for design patents) issued on or after June 8, 1995 last for 20 years from its actual filing date. For example, assume that you applied for a utility patent on February 1st, 2021 and the patent was issued on February 1st, 2022. The term of your patent will begin on February 1st, 2021 and last for 20 years, ending on February 1st 2041.
Design patents, however, are a different story. The standard patent term for design patents is 17 years from the date of issuance.Â
Maintenance fees are an essential part of owning a patent. They are typically paid at 3 specific time intervals: 3 to 3.5 years, 7 to 7.5 years and 11 to 11.5 years following the date of issue. While maintenance fees cannot be paid early, in most cases, they can be paid late with a small surcharge.Â
It should be noted that even if your patent term expiration date is years away, your patent rights can become unenforceable if you fail to pay your patent maintenance fees on time.Â
It can be difficult to figure out when your patent term expires, especially with the constantly-evolving laws regarding intellectual property in the United States. The USPTO’s patent term calculator can definitely come in handy when it comes to determining your patent term expiration date, but sometimes professional legal advice is necessary in these situations. Seek guidance regarding all things patent law, including patent term expiration, by calling one of our expert intellectual property attorneys.
