Patent Attorney and Founder
Do Patents Last Forever? Let’s Break It Down.
Good morning, The Bold and The Brave! This is JD Houvener, here to tackle a question about patents and trademarks:
Do patents last forever?
Wouldn’t it be great if they did? Well, in a sense, they do—just not in the way you might think.
Here’s the deal: inventions themselves can have lasting impacts. Once they’re introduced, they live on in the collective knowledge of inventors, scientists, and society. They push boundaries and raise the bar for innovation. So, in that sense, the idea behind a patent can last forever.
But what about the enforceability of the patent—the legal rights to stop others from making, using, or selling your invention? That’s where the clock starts ticking.
How Long Do Patent Rights Last?
- Utility Patents: These protect functional inventions and last 20 years from the filing date.
- Design Patents: Cover the appearance of products and last 15 years from issuance.
Once that time’s up, anyone can use, sell, or build upon your invention. It’s a bummer, sure, but 15–20 years is a solid window to make your mark.
Patents Take Time to Shine
Not every patent becomes an instant hit. Some innovations need years of refinement before they’re market-ready.
I recently spoke with a client facing this exact challenge. Their invention wasn’t gaining traction right away. And you know what? That’s okay. Year one isn’t always the year of success. It’s about laying the groundwork:
- Perfect your product.
- Find the right materials.
- Package it to fit the market.
Sometimes, the payoff doesn’t come until years 5, 10, or even 15. That’s when all the hard work can pay off big-time.
But What About Trademarks?
Here’s the fun part: trademarks can last forever—as long as you’re using them in business.
A trademark protects your brand—whether it’s a logo, name, or tagline. As long as your business keeps using the trademark and you maintain the necessary filings, it remains enforceable. This gives you the power to stop competitors from using your brand in the same industry.
So, while patents have an expiration date, trademarks offer a lifetime of protection for your business identity.
Final Thoughts
Patents don’t last forever, but their impact can. Trademarks, on the other hand, can provide enduring value for your business. Use these tools wisely, and they’ll help you carve out your space in the market.
Have a great day, everyone—go big, go bold!