Key Takeaways

  • A patent can expire due to nonpayment of maintenance fees, reaching its natural term, or abandonment.
  • The “expired - fee related patent status” means a patent has lapsed due to unpaid maintenance fees but may still be revived.
  • The USPTO provides detailed status tracking tools through the Patent Application Information Retrieval (PAIR) system and Patent Center.
  • Certain actions, like filing a petition for revival, may reinstate patents if deadlines are met.
  • It's essential to assess the legal risks of using an expired or abandoned patent—especially if a related continuation or divisional patent exists.
  • Consulting a patent attorney can help verify if a patent is safe to use or copy.

Expired patents USPTO occur 20 years from the date that the patents were filed. With this in mind, if you know of any inventions that are older than 20 years, they may be free to copy without any type of patent violation. To ensure a patent is free to be copied, you will want to speak with an attorney who specializes in patents.

Using Expired Patents Instead of Re-Inventing

There is also another way in which a patent can become free for copying, and this is when a patent has been abandoned. An abandoned patent occurs when the inventor doesn't finish the patent process or fails to pay any required fees. With an abandoned patent, you get to take advantage of someone else's hard work. More so, you get the opportunity to expand and improve on the work of others, which is key to fostering innovation.

As stated before, it is always pertinent to check with a qualified attorney to determine if a patent has been abandoned or expired. In the event the inventor filed a related patent to the one a person is looking at, this means some type of infringement may take place if a person doesn't follow certain procedures.

What Does “Expired - Fee Related Patent Status” Mean?

When a patent is labeled with an "expired - fee related patent status" by the USPTO, it typically indicates that the patent owner failed to pay required maintenance fees by the designated deadlines. In the United States, maintenance fees for utility patents must be paid at 3.5, 7.5, and 11.5 years after the patent is granted. If these fees are missed, the patent can lapse before reaching the standard 20-year term.

This status doesn’t necessarily mean the patent is permanently expired. In many cases, the patent may still be revived through a petition process—especially if the nonpayment was unintentional or unavoidable. If the window for revival has passed, the patent remains officially expired and may be freely used by others.

Checking to See if a Patent Is Expired

There are many people who have an idea for a product or service that is based on a product or service that has been patented at one point in time. Because of this, a person must determine if the product or service is still protected by a patent so as not to carry out any type of infringement.

A start-up will do well to limit its liability in regard to patent infringement; this involves speaking with an attorney who is experienced in patents. It is also ideal for a start-up to acquire a license from the patent holder to modify a product or service because this eliminates the need for having to pay licensing fees.

Understanding the life cycle of a patent is crucial in being able to determine if a patent has expired. The first part of the patent life cycle includes filing the patent and receiving an application number. 18 months after a patent's application has been filed, it will then be published and it will receive a publication number.

Approximately two to three years after a patent has received a publication number, the USPTO will step in to look at the application. If it is determined that the claimed invention does not replicate any other type of known patent, then it will receive its actual patent number.

During the period of time in which a patent is being issued (several years), a start-up does not own any intellectual property rights for the services or products it is trying to patent. Still yet, because of 35 USC 154, an entity (the start-up) holding a patent does retain the right to sue for reasonable royalties if certain conditions are met.

How to Check for “Expired - Fee Related” Status Using USPTO Tools

To verify whether a patent has an "expired - fee related" status, you can use the following USPTO tools:

  • Patent Center: This platform offers access to the full transaction history of a patent application or granted patent. You can search by patent number or application number to view current status updates.
  • PAIR (Patent Application Information Retrieval): This legacy tool still provides access to legal status, maintenance fee records, and petition filings.
  • USPTO Maintenance Fee Page: You can check whether required fees were paid and see if a patent is officially listed as expired for fee-related reasons.

When reviewing a patent record, look for entries such as "Patent Expired Due to Non-Payment of Maintenance Fees" or similar language. Also note whether any petitions to reinstate or revive the patent have been filed.

Understanding Patent Lifespans

Most times, a patent holder will possess intellectual property rights to a product or service 20 years from the date a patent was filed. This means if a start-up submitted a patent application on April 1, 2020, patent protection will be in place up until April 1, 2040. After April 1, 2040, the patent will expire. There are instances, however, in which patents can expire before the full 20 years has passed. And as mentioned before, it is also possible for a patent to become abandoned during this 20-year period of time.

Can an Expired Patent Be Revived?

Yes, in many cases, a patent that has lapsed due to missed fee payments can be revived. The USPTO offers two types of revival petitions:

  1. Unintentional Delay Petition: If the delay was unintentional, the patent owner can file this petition along with the overdue maintenance fee and a surcharge.
  2. Unavoidable Delay Petition: This requires a higher burden of proof, showing the delay was truly unavoidable despite due diligence.

Petitions must be filed promptly. Generally, the window for revival closes if a significant period has passed, typically more than two years since expiration. If a patent is not revived in time, it remains expired and enters the public domain.

However, even if a patent is expired, it’s vital to confirm that related patents (continuations or divisionals) do not still have active protection that could block product development or commercial use.

What Is an Abandoned Patent?

There are several reasons as to why a patent may be abandoned. It is during the process of a patent being granted that many office actions have to take place, including lots of communication between the USPTO and a patent lawyer or start-up. If an office action is ignored or not responded to, then the application of the patent becomes abandoned.

Another way in which a patent can become abandoned is if the "issue fee" is not paid. For large companies, an "issue fee" of $1,770 must be paid, and for small entities filing a patent, an "issue fee" of $885 has to be paid. If not paid, the USPTO will consider the patent abandoned.

Other reasons a patent may become abandoned include:

  • Failing to pay patent maintenance fees
  • Entity filing the patent chooses not to move forward with the application process
  • Patent fees exceed profitability potential, causing patent filer to abandon the application process

Patent Maintenance Fees and Their Role in Patent Expiration

Maintenance fees are crucial to keeping a U.S. utility patent active. The schedule is:

  • 3.5 years after grant
  • 7.5 years after grant
  • 11.5 years after grant

If these fees are not paid within the six-month grace period following each due date, the patent will enter the "expired - fee related" status. This is a fee-related lapse, not necessarily abandonment. The distinction matters: while abandoned applications typically result from failure to respond to USPTO correspondence, fee-related expirations stem purely from nonpayment.

Notably, design patents do not require maintenance fees, and plant patents follow different rules.

Patent Maintenance Fees and Their Role in Patent Expiration

Maintenance fees are crucial to keeping a U.S. utility patent active. The schedule is:

  • 3.5 years after grant
  • 7.5 years after grant
  • 11.5 years after grant

If these fees are not paid within the six-month grace period following each due date, the patent will enter the "expired - fee related" status. This is a fee-related lapse, not necessarily abandonment. The distinction matters: while abandoned applications typically result from failure to respond to USPTO correspondence, fee-related expirations stem purely from nonpayment.

Notably, design patents do not require maintenance fees, and plant patents follow different rules.

Frequently Asked Questions

1. What does “expired - fee related patent status” mean? It indicates that a patent has lapsed due to unpaid maintenance fees but may still be eligible for revival under certain conditions.

2. Can an expired patent be used freely? Possibly. If the patent has permanently expired and no related patents exist, it may be in the public domain. A legal review is recommended.

3. How can I check a patent’s expiration status? Use USPTO tools like the Patent Center or PAIR to check legal status, maintenance fee history, and petition filings.

4. Are all expired patents due to unpaid fees? No. Patents also expire when their term ends or if the applicant abandons the process during prosecution.

5. What happens if I use a patent that’s later revived? You could face infringement claims. It’s important to verify that the patent cannot be revived before using it commercially.

If you need help with expired patents USPTO, you can post your legal need on UpCounsel's marketplace to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.