Patents have a definite lifespan (depending on the type of patent) and one they expire, the patent becomes public domain, meaning others are free to make, use, distribute, market and import the invention.

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Generally speaking, utility patents are good for 20 years, while design patents last 15. Once a patent has expired, that patent becomes part of the public domain. This means that others—often from outside the United States where manufacturing costs are much lower—can make, use, distribute, import, market, and sell the invention. Thus, while the original patent holder maintains the ability to also manufacture, market and sell the invention, it is no longer the exclusive holder of those rights. Additionally, once a patent expires, the patent holder’s patent-related royalties cease and any patent-related licensing agreements are no longer enforceable. This is true regardless of whether there is a term or expiration included in those agreements. To counter this development, patent holders will often seek to ramp up brand recognition just prior to the expiration of a patent, or even develop a new product line or new features or versions of the original patented product.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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