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.

What everyone should know about patent application

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Inventors are experts in patent application.  They need to be.  They need to know the ins and outs of requesting for a patent at a patent office (usually the national patent office).  For newer innovators, here are the basic guidelines and steps to be followed as outlined by the United States Patent and Trademark Office, or USPTO.

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IP protection type

Off the bat, inventors need to know if their invention qualifies for a patent.  If it does, they need to know what type of Intellectual Property, or IP protection is needed.  There are a number of questions to be answered in determining this.  Inventors should also check if the invention has already been previously patented.

Initial application

The next step is to know the cost, how long it will take, and the expedited exam options.  This information will help the inventor submit the correct initial application, filing date, and initial fee.

Examiner

There will be an examiner who will check the completed initial examination.  He may or may not approve the application, depending on their own set of rules and guidelines.  If an invention’s patent application has been rejected twice, the inventor may go to the Patent Trial and Appeal Board, or PTAB, for an appeal.

Approval and maintenance

Finally, if the application and patent have been approved, there will be instructions including a Notice of Allowance, and utility and reissue patents.  Patent grants are usually mailed on the issue date, which is around a month after the approval.  There are fees to be paid for patent maintenance and protection of the invention. 

Michael Melton owns TME Enterprises, and is founder and president of MEM Enterprises Group which owns, operates and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Michael has enjoyed a distinguished career as an Intellectual Property attorney and is currently a partner at Norris & Melton P.L.L.C located in Washington, DC. To learn more about TME Enterprises, visit this blog.