Individual patents have a limited lifetime

Granted Patents:  The Patent Term

A granted patent is typically in force for a 20-year term, calculated from the filing date, as long as the maintenance fees are paid, although some patents have been issued under rules that give them different terms (see general tutorial on patent terms; see a different tutorial on calculating patent terms in the U.S.).

The patent term is a period during which the patentee has the right to exclude others from using the technology covered by the claims of the patent.  Does this mean a patent owner has a monopoly over the technology?  The patent own only has rights to exclude others from practicing the invention described in the claims.  That's why having a clear understanding of patent claims is so important.

Does the right to exclude mean a patent owner can practice even the claimed technology? Not necessarily, since a patent holder may be required to license other patents in order to practice his or her own technology, for example, where the claims of a patent are "dominated" by the claims of another patent. 

Claimed technology described in a granted patent that lapses due to lack of payment or expiration of the patent term moves into the public domain, and unless the technology is covered by other patents still in force, people may work inventions in the public domain without infringement.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

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