San Luis Obispo, CA asked in Intellectual Property for California

Q: Do most patents stay valid for the entire 20 year period? If not, what factors alter a patent's lifetime?

Related Topics:
1 Lawyer Answer

A: U.S. patents have "maintenance fees" that are due at 3.5, 7.5 and 11.5 years. Some patent owners don't pay those fees for various reasons, and the patents expire for non-payment.

Sometimes a patent is litigated in a federal court and found to be invalid or unenforceable for a variety of reasons. Or patents can be "re-examined" either at the USPTO or at the U.S. Patent Trial and Appeal Board and its claims found to be invalid or unenforceable.

Ben Klosowski

Registered U.S. Patent Attorney

Thrive IP® INTELLECTUAL PROPERTY LAW FIRM

220 N. Main Street, Suite 500

Greenville, SC 29601

Tel. 864.351.2468

Fax 866.747.2595

Ben@Thrive-IP.com

www.Thrive-IP.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.