Check my invention

Guide

How to check if a patent has expired (US and international)

Find a patent’s status, expiry date and maintenance fees, and learn why an expired patent may still have active relatives.

An expired patent no longer gives its owner the right to stop others. That makes expired patents a goldmine of free-to-use designs, provided they really are expired and no related patent is still active.

The basic rule (US)

  • Utility patents filed since June 1995 run 20 years from the earliest non-provisional filing date, plus any patent term adjustment, minus any terminal disclaimer.
  • US design patents filed since May 2015 last 15 years from grant (14 years for earlier ones).
  • Utility patents lapse early if maintenance fees aren't paid at 3.5, 7.5 and 11.5 years.

Step-by-step

  1. Look the number up on Google Patents and read the "Status" and "Anticipated expiration" panel. It's a helpful estimate, not an official record.
  2. Confirm in USPTO Patent Center (fees and status) for US patents, or in the EPO Register and national registers for others.
  3. Check the family ("Also published as" and continuations). A continuation filed later can still be active and cover similar claims.
  4. Check related patents in the same CPC class from the same owner.

Pending is not expired

A published application (A1) isn't enforceable yet but may grant later. See what "patent pending" means.

Use it in a search

When you find close prior art, its status tells you whether it's a block on your patent application (any age counts as prior art) or a sales risk (only active patents). See what is prior art. Our $99 report lists each reference's number and link so you can verify status quickly. Not legal advice.

Check your invention

The 10 closest patents to your idea, charted feature by feature, in 24 hours for $99.

Not legal advice. Not exhaustive.

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