Patent Attorney and Founder
Hey everyone! Let’s talk about when patents go into the public domain. I’m JD Houvener, and I run Bold Patents Law Firm. Over the past 10 years, I’ve worked with thousands of inventors to help them protect their ideas. Today, I want to answer a big question: when can everyone start using those inventions?
So here’s the deal—patents don’t last forever. When they expire, the invention goes into the public domain. But what does that mean? It means anyone—whether it’s your neighbor, a scientist, or anyone else—can use the invention freely. No need to worry about getting in trouble for copying it. You can even sell it without any patent issues because the patent is no longer enforceable.
Now, how long do patents last? Well, design patents last for 15 years, and utility patents last for 20 years. Once that time is up, the patent is in the public domain. But here’s something to keep in mind: a lot of inventors don’t stop at one patent. They often file additional patents related to the original one. So even if one patent expires, others might still be active.
If you’re thinking about selling a product based on an expired patent, be careful. Even if the original patent is expired, other patents might still be out there that could affect your plans. This is where it’s a good idea to talk to a lawyer. They can tell you if you’re free to sell or if other patents could cause problems.
This is called a “freedom to operate” opinion. It’s a way to check if you can go ahead with your plans without stepping on anyone’s toes.
Hope this helps! If you want more information, I’ve put together a free inventor kit. It includes a PDF download of my book, Bold Ideas: The Inventor’s Guide to Patents, plus other useful resources. You can grab it by clicking the link below.
Take care, and go big, go Bold!