When you have dedicated the time and effort to invent something unique, it’s natural to want to protect your innovation from unauthorized use or infringement. Patents can provide this protection, granting inventors exclusive rights to their creations for a specified period. Understanding the limitations of patent protection in California and planning for the eventual expiration of your patent is essential to ensure that you continue to benefit from your invention. Please continue reading as we explore whether an expired patent can be renewed, the alternative forms of protection you can employ when your patent’s life runs out, and why connecting with a determined Orange County, California, Patent Lawyer is in your best interest.
Why Do Patents Expire?
According to the United States Patent and Trademark Office (USTPO), patents expire to promote competition and innovation, balancing the rights of inventors with the public’s interest. While patents can offer various protections for inventions, it’s important to understand that they have a finite lifespan. Once a patent expires, the invention will enter the public domain, meaning anyone can freely use, make, sell, or import it without requiring your consent or paying royalties.
Generally, patents are granted for twenty years. However, the type of patent and when it was filed can affect how long it lasts. For instance, design patents are typically valid for fifteen years from the date of grant. You should note that a patent can expire if an owner fails to pay the required maintenance fees.
Can an Expired Patent Be Reinstated?
After a patent reaches its full term, it cannot be renewed or extended. As mentioned above, the patent will enter the public domain, and anyone can use it without the owner’s permission. However, a lapsed patent due to unpaid maintenance fees can be retrieved under certain conditions.
A patent owner can petition the USPTO to reinstate their patent if they unintentionally or inadvertently fail to pay the required maintenance fees. The USPTO may grant reinstatement if the delayed payment was due to unavoidable circumstances. Reinstatement must occur within a specific timeframe and requires the payment of the missed fees along with additional reinstatement costs. If the delay was deemed inexcusable or too much time has elapsed, the patent will remain expired.
Another option to extend the patent’s scope or focus is to file a Continuation Patent Application during the pendency of an associated Non-Provisional Patent Application. You should note that this must be completed before the Issue Fee is paid for the initial Non-Provisional Patent Application.
What Are Alternative Forms of Protection?
If your patent has expired and doesn’t qualify for reinstatement, you still have options to safeguard your intellectual property. You may seek trade secret protection if the invention involves propriety information that can remain confidential, as long as the information doesn’t violate the disclosure requirements of the patent. Unlike patents, they can be protected indefinitely as long as they remain secret.
Another strategy if you want to safeguard improvements or modifications to your invention is to file a new patent application for those specific innovations. Companies can also utilize trademark protections to prevent others from using confusingly similar branding marks.
For more information, please don’t hesitate to contact Burns Patent Law. Our legal team is prepared to help you explore your options and protect your intellectual property.
