Q: How do I know when a patent is expiring?
Do patents expire?
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A:
Yes, patents do expire. To answer your questions:
1. Patents expire after a set period of time from their filing date:
- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.
- Design patents filed on or after May 13, 2015 expire 15 years from the issue date. Those filed before expire 14 years from the issue date.
- Plant patents expire 20 years from the filing date.
2. To determine when a specific patent expires:
- Find the patent number and look it up in the USPTO Patent Database (https://www.uspto.gov/patents/search).
- Check the filing date (for utility and plant patents) or issue date (for design patents).
- Add the appropriate number of years to that date.
Keep in mind:
- Some patents may expire earlier if maintenance fees aren't paid.
- Extensions can sometimes be granted, slightly prolonging patent life.
- Once a patent expires, the invention enters the public domain.
If you need to determine the expiration of a specific patent, I'd recommend double-checking with the USPTO database or consulting a patent attorney for the most accurate information.
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