Can an Expired Patent Be Renewed?

When a patent expires, it can feel like the end of an era for an inventor or business that has relied on its protections. Patents provide exclusive rights to exclude others from manufacturing, using, and selling an invention, but those rights don’t last forever. Eventually, patents expire, opening the door for competitors to replicate or improve upon the innovation. That said, if you’re a patent holder of an expired patent, you may wonder if it can be renewed, or if this exclusivity is permanently lost. Continue reading and speak with a knowledgeable New Orleans, Louisiana patent lawyer from Lemler IP to learn more. Here are some of the questions you may have:

Why Do Patents Expire?

Patents expire for one simple reason—innovation thrives when new ideas enter the public domain. The U.S. Patent and Trademark Office (USPTO), through the power granted by the U.S. Constitution, grants patents for a limited time to reward inventors while ensuring that advancements eventually benefit society as a whole.

In the United States, utility patents, which cover functional inventions, typically last for 20 years from the filing date. Design patents, which protect the appearance of an item, are valid for 15 years from the date of grant. However, maintaining a patent requires more than just waiting out the term. While Design Patent holders are not required to pay maintenance fees, Utility Patent holders must pay maintenance fees at regular intervals (3.5, 7.5, and 11.5 years after issuance) to keep the patent in force. If these fees are not paid, the patent will lapse before its full term.

Is There Any Way to Revive an Expired Patent?

Once a patent reaches its full term, it cannot be renewed. The exclusive rights granted under the patent cease, and the invention enters the public domain, meaning anyone can use, produce, or sell it without permission from the original patent holder. However, there are some circumstances in which a patent that has lapsed before its full term due to unpaid maintenance fees may be revived.

If a patent owner unintentionally or inadvertently fails to pay the required maintenance fees, they may file a petition to reinstate the patent. The USPTO typically allows for reinstatement if the delay in payment was unintentional or due to unavoidable circumstances. However, this process requires formal documentation and the payment of additional fees. If too much time has passed, or if the USPTO determines that the delay was not excusable, the patent will remain expired.

Another scenario in which patent holders may extend their protection is through the filing of a Continuation Patent Application during the pendency of an associated Non-Provisional Patent Application, but before the Issue Fee is paid for the original Non-Provisional Patent Application. Pendency means the time between the date a Non-Provisional Patent Application is filed with the USPTO and the date that the Non-Provisional Patent Application is either abandoned or is issued as a Registered Patent. This can allow for modifications or improvements to be patented, extending exclusivity in a slightly altered form.

What Are the Alternatives if a Patent Has Expired?

If a patent has expired and cannot be reinstated, patent holders still have options to protect their intellectual property. One possible avenue is seeking trade secret protection if the invention involves proprietary information that can remain confidential, as long as that confidential trade secret information does not violate the disclosure requirements of the Patent. Unlike patents, trade secrets do not expire as long as they are kept secret.

Another strategy is to file for a new patent on an improved version of the original invention. If the modifications are significant enough to meet the USPTO’s standards for novelty and non-obviousness, a new patent may be granted, giving the inventor fresh legal protections.

Additionally, businesses can utilize branding and trademark protections to maintain a competitive edge even after a patent expires. A strong brand, associated with quality and innovation, can continue to deter competitors from successfully copying a product, even when legal exclusivity has ended.