Posted in Intellectual Property
Intellectual property rights are not permanent, and the duration depends on the type of protection involved. Some rights expire on a fixed schedule, some can be renewed indefinitely, and some end when a required filing is missed. Understanding which rules apply to each asset is necessary to keep protection in place.
Patent Term and Maintenance Requirements
A utility patent, which covers the functional aspects of an invention, generally lasts 20 years from the filing date of the application rather than the date of grant. Because examination often takes two to three years, the period of enforceable exclusivity is usually less than 20 years.
Design patents, which cover the ornamental appearance of a product, last 15 years from the grant date for applications filed on or after May 13, 2015.
Utility patents also require ongoing payments to remain in force. The USPTO collects maintenance fees at three points after issuance. If a fee is not paid, the patent expires early and the invention enters the public domain.
- First fee due 3.5 years after grant
- Second fee due 7.5 years after grant
- Third fee due 11.5 years after grant
- A six month grace period follows each deadline, with a surcharge
Design patents do not require maintenance fees. When the term ends, no extension is available for either type.
Trademark Duration and Renewal
Federal trademark registration does not have a fixed expiration date. Protection continues as long as the mark remains in use in commerce and the owner submits the required maintenance filings.
The USPTO publishes the schedule for keeping a registration alive. A Section 8 declaration of continued use is due between the fifth and sixth year after registration. A combined Section 8 declaration and Section 9 renewal is due between the ninth and tenth year, and every ten years after that. Each deadline includes a six month grace period with an additional fee.
Continued use is a separate requirement from the filings. A mark that is no longer used in commerce may be considered abandoned, which allows another party to adopt and register it. Owners who hold both brand assets and creative works should understand the distinction between copyright and trademark so the correct renewal procedures are applied to each.
Copyright Duration
Copyright protection begins automatically when an original work is fixed in a tangible medium. For works created on or after January 1, 1978, the Copyright Office confirms that protection lasts for the author’s life plus 70 years. For works made for hire, anonymous works, and pseudonymous works, the term is 95 years from publication or 120 years from creation, whichever expires first.
No maintenance or renewal filings are required during the term. Registration remains important because it is a prerequisite to filing an infringement lawsuit and determines whether statutory damages and attorney fees are available. The copyright itself does not lapse for failure to register.
Enforcement is available throughout the term. When copied material is posted online, a DMCA takedown request can result in removal without litigation.
Trade Secret Duration
Trade secret protection has no statutory term. A formula, process, or customer list remains protected for as long as it is kept confidential and the owner takes reasonable measures to maintain that confidentiality.
Protection ends permanently once the information is disclosed. A single unprotected document or a departing employee who was never bound by a confidentiality agreement can eliminate the right, and it cannot be restored.
Tracking Deadlines for a Chicago Business
Most companies hold more than one category of intellectual property, and each category carries its own schedule. Patent maintenance fees, trademark renewals, and confidentiality obligations require separate tracking. We recommend a written docket that lists every asset, its expiration or filing date, and the person responsible for it. A Chicago intellectual property lawyer can prepare that docket and monitor the deadlines.
A missed deadline has lasting consequences. An expired patent can be reissued only in limited circumstances, and a cancelled trademark registration requires a new application while other parties may already be using the mark.
At Patent Baron, we help Chicago companies review existing portfolios, calendar required filings, and decide which assets are worth maintaining. If you are unsure when your rights expire or what filings are coming due, contact a Chicago intellectual property lawyer at our firm to review your portfolio.
