Can you renew a patent? Patents cannot be “renewed” in the sense of extending their exclusive rights beyond the maximum term set by law. For U.S. utility patents (the most common type), the law provides a fixed term of 20 years from the patent’s effective filing date, after which the patent expires and the invention falls into the public domain. Unlike trademarks (which can be renewed indefinitely), a patent’s lifespan is finite. However, maintaining a utility patent during its allowed term requires the payment of periodic fees. Failing to pay these maintenance fees will cause an early expiration of the patent rights. Many patent owners ask “can you renew a patent” when facing expiration, but the answer is clear: you can’t renew a patent past its statutory term, but you must take steps to maintain it for the duration of that term.
Introduction to Patent Maintenance
Patent maintenance is a vital part of safeguarding your intellectual property rights. For utility patents in the United States, the responsibility to pay maintenance fees falls squarely on the patent owner. The United States Patent and Trademark Office (USPTO) requires these payments at set intervals after a patent is granted to ensure that the patent remains enforceable. If a patent owner fails to pay maintenance fees, the patent may lapse or expire, resulting in the loss of exclusive rights and allowing others to use the invention without authorization.
Maintenance fees serve an important policy purpose beyond just funding the patent system. The USPTO deliberately defers a significant portion of its fee revenue to these post-issuance payments, reducing upfront costs for applicants while asking more from patents that remain in force. In FY2022, maintenance fees made up about 53.8% of the USPTO’s patent revenue, with roughly one-third of that coming from the final (11.5-year) payments alone. This structure encourages patentees to let unneeded patents lapse, freeing up public access, while helping fund the patent system.
Staying on top of patent maintenance is essential for protecting your invention and maintaining your competitive advantage. Timely payment of maintenance fees not only keeps your patent in force but also upholds your intellectual property rights, ensuring that your innovation remains protected throughout its intended term. The USPTO provides clear guidelines and reminders, but the ultimate responsibility to pay and maintain the patent lies with the patent owner. By understanding and adhering to these maintenance requirements, you can avoid the risk of patent expiration and continue to benefit from your intellectual property.
Key Takeaways
Patents cannot be renewed once they expire, emphasizing the need for strategic planning by patent owners to protect their innovations.
Utility patents require timely maintenance fee payments to remain enforceable; failing to do so may result in early expiration and loss of exclusive rights.
While utility patents have maintenance fees, design and plant patents are maintenance-free for their duration, allowing easier management for inventors.
Understanding Patent Expiration
Patents are designed with a finite lifespan for a reason. A patent grants a legal right to exclude others from making, using, or selling the invention for a specific period. The expiration of patents is a carefully balanced mechanism to reward innovators for their creations while eventually allowing public access to those innovations. This structure prevents indefinite monopolies, fostering a competitive environment where new players can build on existing technologies and contribute to ongoing innovation.
In the United States, utility patents have a term of 20 years from the effective filing date, established by the TRIPS agreement implementation in 1995. For almost all patents now in force, this 20-year-from-filing rule applies (older patents filed before 1995 had 17 years from grant).
When a patent expires, the patent enters the public domain, meaning the invention covered by the patent becomes freely accessible and anyone can use it without the need for licensing or royalties. This process fosters collaboration and drives further advancements in various fields. Understanding this balance helps patent owners appreciate the importance of timely maintenance and strategic planning throughout the patent’s lifecycle.
Can You Renew a Patent?
A common question among patent owners is whether a patent can be renewed once it expires. The short answer is no; patents cannot be renewed after their standard term. In the United States, this rule is strictly enforced, meaning that once the patent term ends, the protection it offers ceases.
However, there are very limited exceptions where a patent’s term can be extended beyond the normal limit. Notably, certain patents (especially in the pharmaceutical or medical device fields) may qualify for a Patent Term Extension (PTE) of up to five years under laws like the U.S. Hatch-Waxman Act, to compensate for time lost during regulatory FDA approval. For example, a drug patent can be extended for the period a product was under FDA review, with a maximum extension of 5 years (and total patent life not exceeding 14 years from FDA approval). In these cases, the patent owner must formally request a patent term extension by submitting the appropriate application to the USPTO.
Additionally, Patent Term Adjustments (PTA) can add time to a patent’s term to compensate for undue delays by the USPTO during examination. Patent owners must also request a patent term adjustment through the USPTO’s established procedures. These mechanisms are not renewals by the owner’s choice, but statutory adjustments in specific circumstances.
This strict policy ensures that no single entity can indefinitely control an invention, promoting free trade and competition. As a result, patent owners must strategically plan for the end of their patent’s term, considering how to protect their innovations and maintain their competitive edge post-expiration.
Maintenance Fees for Utility Patents
Utility patents, which cover new processes, machines, or compositions of matter, require periodic patent maintenance fees to remain enforceable. These three maintenance fees are scheduled at 3.5 years, 7.5 years, and 11.5 years after the patent is issued, adhering to the patent maintenance requirements.
As of 2025, for a large entity patent owner, the USPTO fees are $2,150 at 3.5 years, $4,040 at 7.5 years, and $8,280 at 11.5 years. Small entities and micro entities pay significantly discounted amounts: under recent changes from the Unleashing American Innovators Act (UAIA), small entities now pay only 40% of the listed fee (60% discount), and micro entities only 20% (80% discount). For example, a qualified small business would owe only $860 instead of $2,150 for the first maintenance payment. Penalty surcharges and discounts for late payments also vary depending on the entity size of the patent owner, so the total amount due can differ for large, small, and micro entities.
The fees increase over time, encouraging patent holders to evaluate the ongoing value of their patents and maintain only those that are commercially viable. Understanding true patent costs and paying these fees on time is crucial to avoid the early expiration of the patent.
Statistical Reality of Patent Maintenance
In practice, many patents are not maintained for the full term. Data from the USPTO and research studies show that a substantial percentage of patents are allowed to lapse early because owners choose not to pay maintenance fees. how long do software patents last. Roughly 15% of U.S. patents expire after the first maintenance window (~4 years), an additional ~19% after the second window (~8 years), and another ~21% by the third window (~12 years) – meaning only about 45-50% of patents are maintained to their maximum term.
This reflects the reality that patent owners often evaluate the economic value of their patents over time and abandon those that are no longer worth the cost. Studies show that each year a maintenance fee comes due, approximately 15–20% of U.S. patents due for a maintenance fee at any given time are abandoned instead of renewed. This attrition is higher for the later (more expensive) fees. The USPTO reported that in Fiscal Year 2022, maintenance fees accounted for more than half of its patent revenue, indicating the significant financial importance of these payments to the patent system.
Importance of Timely Payment
Timely payment of maintenance fees is essential to keep a utility patent enforceable. Key points include:
Patent owners must pay these fees within a specific 6-month payment window before each deadline.
Paying on time prevents patents from expiring prematurely.
Failure to pay on time can result in the patent becoming unenforceable.
An unenforceable patent significantly impacts the patent holder’s ability to protect their intellectual property in a timely manner.
The USPTO permits payment up to 6 months early and provides a 6-month grace period after each due date during which the fee can still be paid (with a surcharge). Currently, that late surcharge is around $540 for large entities, with proportional reductions for small and micro entities.
Under U.S. law, if a required maintenance fee is not paid by the due date (and grace period), the patent “shall expire” as of the end of that grace period. An expired patent is no longer enforceable against infringers – it effectively enters the public domain, meaning anyone may use the formerly patented invention without liability from that point on.
While there is a provision to file a petition for delayed payment of maintenance fees due to late payment of scheduled maintenance fees, this is typically a last resort and requires contacting the Office of Petitions. Patent owners must submit the required documents and fees to the USPTO to request consideration for late payment. Ensuring that scheduled maintenance fees are paid on schedule helps avoid these complications and maintains the legal enforceability of the patent.
Due Dates for Maintenance Fees
The schedule for maintenance fees is a critical aspect of managing utility patents. For utility patents, maintenance fees must be paid at three key intervals: 3.5 years, 7.5 years, and 11.5 years after the patent is granted. These payment windows are designed to help patent owners maintain their rights over the full patent term, provided that payments are made in a timely manner.
In contrast, design and plant patents do not require maintenance fees at any point during their term. This distinction makes design and plant patents easier to manage, as there are no ongoing fee obligations after the initial grant.
It is essential for patent owners to monitor these due dates closely. Missing a payment window can result in late payment fees, and if the maintenance fee is not paid within the allowed period (including any grace period), the patent may expire prematurely. The USPTO offers a published fee schedule and sends reminders to help patent owners stay on track, but proactive management is key. By paying maintenance fees on time, you ensure that your patent remains enforceable and your invention stays protected.
Consequences of Missing Maintenance Deadlines
Missing maintenance deadlines can have severe consequences for patent owners:
If the required fees are not paid on time, the patent may expire earlier than its full term.
There are grace periods of six months during which overdue payments can be made, but a surcharge will apply.
This grace period offers a final chance to keep the patent alive, but it comes with additional costs.
After a missed payment, both the USPTO and patent owners can determine the status of a patent by checking official records to verify if the patent has lapsed or expired.
If the fees are not paid even within the grace period, the patent will lapse, and the patent owner will receive a Notice of Patent Expiration. This lapse means the loss of exclusive rights to the invention, making it crucial for patent owners to adhere strictly to maintenance fee deadlines.
From a legal perspective, a lapsed patent cannot be asserted against infringers for actions taken after the lapse. However, patent owners can still pursue infringement claims for violations that occurred while the patent was active, as the 6-year statute of limitations allows recovery for past infringement even after patent expiration. The patent will be listed as “Expired for failure to pay maintenance fees” in USPTO records and databases, and any patent that is allowed to expire early is essentially a gift to the public – rivals can copy the invention without permission going forward.
For competitors and the public, an unpaid patent can be a windfall: technology that was formerly proprietary becomes open for all to use years before it otherwise would have expired. For the patent owner, however, this can be a costly mistake or a strategic loss.
Reinstating Lapsed Patents
Even if a patent lapses due to non-payment of maintenance fees, there is still a possibility for reinstatement. The process involves:
Submitting a petition to revive the patent, demonstrating that the lapse was unintentional.
The petition must be submitted using the appropriate USPTO form along with the required fees.
Including the overdue maintenance fees with the petition.
Paying a penalty surcharge if the petition is submitted within the six-month grace period.
The petition fee is substantial (reflecting the seriousness of missing deadlines): currently about $2,600 for a large entity if the delay was within 2 years, or $3,000 if the delay is longer (small and micro entities get reductions). These amounts are periodically adjusted, so always check the current USPTO fee schedule. These fees are on top of the owed maintenance fee and the 6-month late surcharge.
Notably, U.S. law does not set an absolute cutoff date after which a lapsed patent cannot be revived. However, the USPTO imposes stricter scrutiny the longer the delay, and any indication that the delay was deliberate will render the patent unrevivable. Courts have reinforced this standard, such as in Network Signatures, Inc. v. State Farm Mut. Auto. Ins. Co., where the Federal Circuit held that a deliberate decision to let a patent expire cannot later be excused as “unintentional.”
Even when a patent is reinstated, U.S. law protects those who may have begun using the invention in the interim through “intervening rights” – meaning third parties who relied on the patent’s lapse may have certain rights to continue that activity without liability.
Meeting these requirements can restore the patent’s enforceability, but it underscores the importance of timely maintenance fee payments.
Design and Plant Patents: No Renewal Fees
Unlike utility patents, design and plant patents:
Do not require maintenance fees to remain valid.
Design patents provide protection for a duration of 15 years from the grant date (for applications filed since May 13, 2015; older design patents had a 14-year term) without the need for periodic payments.
Plant patents have a fixed term of 20 years from filing and do not require maintenance fees.
Are financially less burdensome for inventors, allowing them to retain their rights without ongoing financial obligations.
U.S. law explicitly prohibits charging maintenance fees for design or plant patents (35 U.S.C. § 41(b)(3)). Once granted, a design or plant patent will simply expire at the end of its term with no payments needed in between.
However, design and plant patents also cannot be extended beyond their set term – there is no mechanism for term adjustment or extension as there is for utility patents. The focus for inventors holding these patents is on getting the longest term at grant rather than on maintenance.
Understanding this distinction is crucial for inventors when planning their patent strategy. While utility patents require careful attention to maintenance schedules, design and plant patents offer a simpler, maintenance-free option for protecting certain types of inventions.
Patent Application and Priority
When preparing a patent application, understanding the concept of priority is crucial for maximizing your intellectual property rights. The filing date of a patent application establishes the official date from which your invention is protected. In many cases, inventors can claim priority to an earlier application—such as a provisional patent application or a previously filed foreign application—allowing them to benefit from the earlier filing date.
Claiming priority is especially important if you have made public disclosures or improvements to your invention. By referencing an earlier filing, you can secure protection for your invention as of that original date, which can be critical in competitive industries.
For inventors seeking protection in multiple countries, the Patent Cooperation Treaty (PCT) offers a streamlined process for filing international patent applications. The PCT system allows applicants to file a single application that can later be pursued in numerous countries, all while maintaining the original filing date as the priority date.
Understanding how to establish and claim priority in your patent applications helps ensure that your intellectual property is protected from the earliest possible date, strengthening your position against competitors and safeguarding your innovations.
Extending Patent Protection
Although patents cannot be renewed after their term expires, there are ways to extend the protection of your inventions, including patent term extensions. One common method is to file a patent application for new patents on improvements or modifications to the original invention. This can effectively extend the period of exclusivity for the improved invention, providing continued protection and competitive advantage while renewing your approach to innovation.
Patent holders should consider these options as part of their overall patent strategy. Continuous innovation and filing new patents help businesses maintain market position and protect intellectual property rights beyond the original patent’s expiration.
International Patent Renewal (Patent Annuities)
Maintaining patent protection internationally requires the payment of annual fees known as patent annuities. Most countries use a 20-year term from filing for regular patents, in line with international norms. However, maintenance (renewal) fees abroad are often due annually or in more frequent intervals than in the U.S.
For example, in Europe, once a patent is granted via the European Patent Office (EPO) and validated in the individual countries, renewal fees must be paid every year in each country to keep the patent alive. These fees vary by country and are typically due annually, often before the anniversary of the patent grant. Failure to pay these annuities can result in the patent being considered lapsed or abandoned in that jurisdiction.
The consequence of these differing systems is that patent costs abroad can accumulate significantly over a patent’s life. Companies need to budget for potentially 15+ payments in Europe (one each year up to 20 years) versus just three in the U.S. These frequent fees mean foreign patents will lapse sooner if an owner loses interest – indeed, renewal statistics show that a much smaller percentage of European patents are kept for the full term compared to U.S. patents (roughly under 20% of European patents are maintained for 20 years, versus about 50% in the U.S.), reflecting the heavier annual cost burden overseas.
The Unitary Patent System
A significant recent development is the advent of the Unitary Patent system in Europe (effective 2023). Under this system, after a European patent is granted, the patentee can opt for a Unitary Patent covering multiple EU countries with a single renewal fee. The proprietor pays one renewal fee directly to the EPO to maintain the Unitary Patent in all participating countries.
This fee is set at a level roughly equivalent to the combined cost of renewals in the top 4 jurisdictions (Germany, France, UK, Netherlands). For instance, maintaining a Unitary Patent for 10 years costs under €5,000 in total, covering 25+ countries, whereas under the old system maintaining equivalent protection could cost around €30,000 over 10 years.
In some countries, the payment of annuities begins only after the patent has been granted. Patent owners must stay informed about the specific requirements in each country where they hold patents to ensure continued protection and avoid the inadvertent loss of patent rights.
Checking Patent Status and Expiry Dates
Staying informed about the status and expiry dates of patents is critical for effective patent management. Tools like:
- Google Patents
- USPTO Patent Center (which has replaced the old PAIR system). For more information about patentability requirements, see this guide.
- WIPO PATENTSCOPE
provide valuable information on the status of patents, including filing date and any adjustments applied. When using these databases, entering the correct patent number is necessary to obtain accurate information about a patent’s status and expiry dates. These databases are essential for tracking important deadlines and ensuring timely payment of maintenance fees.
The USPTO Official Gazette publishes weekly notices of patents that are available for maintenance fee payment and those that have expired due to non-payment. This public record-keeping underscores how frequent lapses are; each week, patents drop off the register for failure to pay.
Published notices and reminders from the USPTO also help patent owners stay on top of their obligations. Regularly checking these resources helps patent owners avoid missing critical deadlines and ensures their patents remain enforceable.
What Happens When a Patent Expires?
When a patent expires, the exclusive rights granted to the patent holder come to an end for future use. The invention enters the public domain, allowing anyone to use it without the need for licensing or royalties going forward. However, patent owners retain the right to pursue infringement claims for violations that occurred while the patent was active, thanks to the 6-year statute of limitations for patent infringement. This transition often leads to increased market competition as other companies can produce and sell the previously patented invention.
The expiration of a patent can also prompt companies to invest in new innovations to stay competitive. Additionally, former patent holders may explore new licensing agreements for proprietary processes, ensuring continued revenue generation even after the patent’s expiration.
Patent Infringement Claims After Expiration
An important but often overlooked aspect of patent expiration is the ability to recover damages for past infringement. Under U.S. patent law, patent owners have up to six years from the date of infringement to file a lawsuit, even if the patent has since expired. This means that if someone infringed your patent while it was active, you can still pursue legal action and monetary damages after the patent expires, as long as you file within the six-year window.
This statute of limitations applies whether the patent expired naturally at the end of its 20-year term or lapsed early due to non-payment of maintenance fees. The key requirement is that the infringement must have occurred while the patent was still in force. Once a patent expires, no new infringement claims can arise, but existing violations remain actionable within the statutory period.
For patent owners, this means that even if you decide to let a patent lapse or it reaches its natural expiration, you should still monitor for potential infringement during the six-year lookback period. For businesses considering using expired patent technology, it’s crucial to verify not only that the patent has expired but also that you weren’t using the technology while the patent was still active, as this could expose you to retrospective liability.
Economic Impacts of Patent Expiry
The expiration of a patent can have far-reaching economic consequences for the patent owner and their business. When a patent expires, the invention enters the public domain, meaning anyone can use, manufacture, or sell the invention without needing permission or paying royalties. This shift often leads to increased competition, as other businesses can freely capitalize on the formerly protected technology.
For businesses seeking to maintain their market position, the loss of exclusivity can result in reduced revenue and diminished competitive advantage. The ability to control the market for a patented invention is a significant asset, and its loss can impact pricing, market share, and long-term business strategy.
Understanding the economic impacts of patent expiry is essential for planning ahead. By anticipating when a patent will expire and how the invention enters the public domain, patent owners can develop strategies to protect their business interests, such as investing in new innovations, diversifying their product lines, or leveraging other forms of intellectual property protection.
Strategies Post-Patent Expiry
As a patent’s expiration approaches, it is essential for businesses to develop strategies to mitigate the impact of increased competition. One approach is to protect any aspects of the invention that can qualify as trade secrets. Trade secrets can provide ongoing legal protection, helping businesses maintain a competitive edge even after the patent expires.
Increasing marketing efforts and reassessing product pricing are also crucial steps. Enhancing brand visibility and adjusting prices enable businesses to compete more effectively in a market where their formerly patented invention is now freely available.
It’s often more fruitful to monitor competitors’ expiring patents for opportunities to use the technology rather than to acquire the patents. Once a patent is expired, you can practice the invention freely. Patent attorneys can add value by keeping track of expiration dates and advising clients on when a formerly protected technology becomes open for use.
Consulting with a patent attorney can provide valuable assistance and help formulate a comprehensive post-expiration strategy.
Protecting Intellectual Property Beyond Patents
While patents are a powerful tool for protecting inventions, they are just one part of a comprehensive intellectual property strategy. Trade secrets, copyrights, and trademarks offer additional layers of protection that can help businesses maintain their competitive edge even after a patent expires.
Trade secrets are particularly valuable for protecting proprietary processes, formulas, or methods that are not disclosed to the public. Unlike patents, trade secrets can provide indefinite protection as long as the information remains confidential. Copyrights protect original works of authorship, while trademarks safeguard brand names, logos, and other identifiers.
By combining these forms of intellectual property protection, businesses can create a robust strategy to protect their inventions and maintain their market position. Consulting with experienced patent attorneys or intellectual property professionals can provide valuable assistance in navigating the complexities of patent protection and ensuring that all available rights are fully leveraged to protect and grow your business.
Why You Need A Strong Patent Strategy
At Thompson Patent Law, we implement our Litigation Quality Patents® approach to ensure your intellectual property serves as both a defensive shield and an offensive sword. Enforcing patent rights requires more than just owning a certificate—it demands strategically crafted patents that give you decisive power against those who attempt to benefit from your innovation without permission.
With well-defined claims and strategic legal foresight, we prepare patents that can withstand rigorous legal scrutiny, ensuring you have the upper hand in protecting your intellectual property. Our approach gives you the confidence to defend your market space and your right to innovate. Because our Litigation Quality Patents® approach generates more revenue, faster! To help you determine the best course of action for your unique situation, we offer a free patent needs assessment.
Summary
Maintaining and managing patents is a complex but essential aspect of protecting intellectual property. This guide has detailed the importance of timely maintenance fee payments, the process for reinstating lapsed patents, and the strategies for extending patent protection and navigating post-expiration challenges.
The rules and procedures surrounding patent terms, maintenance fees, extensions, and international renewals are complex and continually evolving. Patent owners – especially those with sizable portfolios or global reach – are well advised to seek professional assistance in managing patent maintenance to ensure that valuable patents do not inadvertently lapse.
By staying informed and proactive, inventors and businesses can continue to benefit from their innovations and maintain their competitive edge in the market. Remember: obtaining a patent is only half the battle; maintaining it is the other half – a half that is crucial for turning an invention into a lasting competitive advantage.
Frequently Asked Questions
Can a patent be renewed after it expires?
Once a patent expires, it cannot be renewed. Patent owners should prepare for the expiration by exploring other forms of protection for their innovations.
What happens if I fail to pay the maintenance fees on time?
Failing to pay maintenance fees on time can lead to the expiration of your patent; however, there is a six-month grace period available to make overdue payments with an additional surcharge. It is crucial to address the fees promptly to retain your patent rights.
Are maintenance fees required for design and plant patents?
Design and plant patents do not require maintenance fees; they remain valid for their fixed terms (15 years for design patents, 20 years for plant patents) without any additional payments.
How can I extend the protection of my invention after my patent expires?
To extend the protection of your invention after your patent expires, consider filing for new patents on any improvements or modifications you have made. This strategy can effectively prolong your exclusivity and safeguard your enhanced invention.
How do I check the status and expiry dates of my patents?
To effectively check the status and expiry dates of your patents, utilize resources such as Google Patents, USPTO Patent Center, and WIPO PATENTSCOPE. These tools will provide essential information to keep you updated on your patent deadlines.
