I get asked this question a lot, in various different forms: can patents be renewed indefinitely? Do patents expire? Why do patents expire? Can patents be revoked? So, let’s explore the question, can patents last indefinitely?
Can patent last indefinitely?
The simple answer to this is ‘no’, they can’t. The underlying theory behind a patent is that it provides the owner with a limited monopoly to make/sell their invention, in return for full disclosure of the invention to the state and, eventually, the world (so that it adds to the global knowledge base, in effect).
Why do renewal fees have to be paid?
When a patent is granted, (and in some countries, even while the application is still pending), renewal fees have to be paid (usually annually) to keep the right in force for the full term (usually 20 years from the date of filing the patent application), at which point, it will expire, irrespective of whether you want it to or not. (There are some specific exceptions to this in relation to the field of pharmaceuticals, in circumstances where it may have taken many years for a drug to be approved for use, but that is beyond the scope of this blog).
So, why do renewal fees have to be paid to keep a patent alive, and why do patents expire? Renewal fees have to be paid so that the owner has to periodically make an active decision to keep the patent alive for another year (or the time period until the next renewal fee is due), usually because the patent is still commercially useful to its owner. This is so that patents that are no longer being used by their owners are not being kept alive, preventing others from commercially exploiting the technology. In other words, it is to stop unused patents from stifling commerce and/or advancement of the relevant technology.
Can patents be revoked?
Apart from patents lapsing before the end of its full term (because a renewal has not been paid) or expiring (at the end of its full term), a patent can be revoked after it has been granted. With a couple of minor exceptions, which are beyond the scope of this blog, revocation of a patent usually occurs as a result of a successful application for revocation by an interested third party. The most common basis for an application for revocation is on the grounds that the invention lacks novelty and/or an inventive step, and such a claim has to be evidenced with documents that support such a submission. A judge or Patent Office official (depending on the forum in which the application for revocation has been made) looks at the submissions, and any response from the patentee, and makes a decision to uphold the patent (possibly in amended form) or revoke the patent.
So, as you see, there are a multitude of answers to the question, can patents last indefinitely? and I have only covered the main points.
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