Patent expiration: When, how, and what now?

A patent is a form of intellectual property protection that doesn’t last forever. Depending on what one invented, a patent will expire after a decade or more, and when this happens, anyone can copy the idea and market it – at which point the protection around the idea no longer exists. Here are essential things to know about patent expiration.

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 In the United States, patents expire within 14 to 20 years from the filing date, depending on what one patented and when. Once this takes place, the idea passes into the public domain. To check when a patent expires, go to the U.S. Patent and Trademark Office website, and then navigate to the USPTO Patent Full-Text and Image Database. Enter the number of the patent to be checked, or search by keywords or title.

Afterward, check the date when the patent was first filed. Add 20 years to the date if the application was filed on or after June 8, 1995. If the patent application was filed before June 8, 1995, the patent’s term is 17 years after the grant date of the patent. If it’s a design patent versus a utility patent, the expiration date is 14 years following the date the patent was granted, regardless of when the application was filed.

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Once a patent expires, competing firms on average hit the market with similar products. Often, this results in a loss of income for the company that was the original holder of the patent. Certain patent terms, too, may be linked to other patents, and when this occurs, a patent may have fewer patented years based on an earlier-issued patent.

It’s best not to leave one’s invention to the mercy of its expiring patent and USPTO rules – keeping some factors of the invention secret, for instance, can help ensure no other party can make the exact same product.

Michael Melton established TME Enterprises , which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Mr. Melton has also been an attorney and consultant at IP Counsel Consultants since 2002, where he provides advice to clients on the licensing, acquisition, and management of intellectual property assets and expert witness testimony. For similar reads, visit this page.