When you file a patent and receive approval, that’s hardly the end of the story. You not only need to defend your IP and enforce it, but you also have to keep an eye on the calendar so that you know when you need to worry about renewal. An Orange County, California patent lawyer can help you manage your patents and let you know what needs to be done to avoid complications due to patent expiration or the renewal process.

When Do I Have to Worry About Patent Expiration?

When you have utility patents or design patents, you must think about patent expiration. A utility patent has a lifespan of 20 years. A design patent gives you rights for 15 years. It’s also important to note that while the timer for a design patent expiration begins when the patent is issued, the timer for a utility patent actually begins as soon as patent protection is applied for.

You have to keep track of when your patents are due to expire. If you do not renew them on time, your IP can pass into the public domain and anyone would be allowed to use them. However, this expiration date is not the only thing to keep in mind. You also have to pay maintenance fees.

What Fees Do I Have to Pay to Avoid Patent Expiration?

If you want to keep your patent and potentially renew it later, you have to pay maintenance fees. The United States Patent and Trademark Office requires fees to be paid:

  • 3.5 years after the patent is granted
  • 7.5 years after the patent is granted
  • 11.5 years after the patent is granted

There is a grace period of six months for each payment and each can be quite significant, ranging from $1,600 to $7,400. Keeping up with these payments is a necessity if you want to explore options for renewing or extending patent protections later.

Can a Lawyer Help Me Deal With Patent Expiration and Renewals?

It can be tough to keep track of all of your patents, especially if you and your company have a diverse portfolio of intellectual property to manage. A lawyer can help you keep track of your patents and any patent expiration dates. They can also help you ensure that your maintenance fees are paid and that no one can try to challenge your patent because you haven’t properly looked after it.

Rules about IP can also change. You are running your own business and probably don’t have the capacity to keep up with the latest news about how regulations have changed. Our lawyers do have the time though, so they’ll keep you updated about any changes that the government makes that could affect your patents.

Talk to Our Attorneys

Navigating this field of patent expiration and renewals can sometimes be confusing. So contact Burns Patent Law and talk to some experienced attorneys who are ready to offer their assistance. Whether you have a few patents to manage or dozens of intellectual properties to protect, our law firm is here to help.