Patent Attorney and Founder
Good morning! Let’s talk patents.
Can patents be renewed? Yes, they can—sometimes they even have to be.
Here’s how it works:
- Utility patents (the most common type) last up to 20 years. But to keep them enforceable, you need to pay maintenance fees to the USPTO. These fees are due around the 3rd, 7th, and 11th years after your patent is granted. Think of it as renewing the right to enforce your patent.
- Design patents, on the other hand, don’t require renewal fees. Once granted, they’re valid for 15 years, and that’s it—no extra payments needed.
What About Patent Disputes?
Let’s say someone accuses another company of infringing on their patent. The accused company might argue the patent isn’t valid. Why? They might claim the examiner missed something during the review process—like a piece of prior art (an earlier invention) that should have prevented the patent from being granted.
When this happens, the case often goes to the Patent Trial and Appeal Board (PTAB). This is a specialized court with judges who focus solely on patent law. They review evidence and decide if the patent should:
- Be invalidated (worst-case scenario for the patent holder).
- Be modified (some claims may be canceled or adjusted).
If modifications are made, it can sometimes breathe new life into the patent. The holder might negotiate with the PTAB judges to amend claims, keeping parts of the patent enforceable.
In Summary
- Utility patents: Pay maintenance fees at 3, 7, and 11 years.
- Design patents: No renewal required.
- Patent disputes: The PTAB can modify or extend claims, offering a chance to preserve or renew certain rights.
I hope this clears things up. Let me know if you have more questions! 😊