When Does a Product Patent Expire?

Q: What is the difference between a utility patent and a design patent?

A utility patent protects the functional aspects of an invention, such as how it works or is used. In contrast, a design patent protects the ornamental design of a product, focusing on its appearance rather than its function. Utility patents last for 20 years, while design patents last for 14 years from the grant date.

Full question:

After 17 years, can the product patented be copied by others without being sued for infringement ?

Category: Intellectual Property
Date: 04/07/2025
State: Texas

Answer:

In the United States, patents expire 20 years after the patent holder submits the application. Patents on designs, however, expire 14 years after the patent is granted. While some pharmaceutical patents can be extended past the expiration date, most patent extensions would require an act of Congress. The answer will depend on all the facts involved. Please see the information at the following link to determine expiration of the patent:

http://www.edn.com/article/460416-Checklist_When_does_a_patent_expire_.php

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when a patent expires?

When a patent expires, the protection it provides ends. This means that anyone can make, use, or sell the patented invention without seeking permission from the original patent holder. In the U.S., utility patents typically expire 20 years after the filing date, while design patents expire 14 years after issuance. After expiration, the invention enters the public domain.

Can a patent be renewed after it expires?

In general, patents cannot be renewed after they expire. Utility patents last for 20 years from the filing date, and design patents last for 14 years. Some pharmaceutical patents may receive extensions under specific circumstances, but these are rare and often require legislative action. Once a patent expires, the invention is available for public use.

What is the difference between a utility patent and a design patent?

Are there any exceptions to patent expiration?

While most patents expire after their designated terms, there are exceptions for certain pharmaceutical patents. These can sometimes receive extensions, but such extensions are typically granted through specific legal processes and congressional action. It's essential to check the specific circumstances surrounding any patent for potential exceptions.

What happens if someone copies a patented product before it expires?

If someone copies a patented product before the patent expires, they may be infringing on the patent holder's rights. The patent holder can take legal action against the infringer for damages and seek an injunction to stop the infringement. It is crucial to respect patent rights during the life of the patent to avoid legal consequences.