Patent Life Calculator

Patent Term Expiration Calculator

Estimated Expiration Date:

How is Patent Life Calculated?

Understanding the lifespan of a patent is critical for intellectual property management, competitive analysis, and licensing. The expiration date of a patent determines when the invention enters the public domain, allowing others to manufacture, use, or sell the invention without infringing on the patent holder's rights.

In the United States, the calculation depends heavily on the type of patent and the filing date:

• Utility Patents: Generally expire 20 years from the earliest effective non-provisional filing date.
• Design Patents: For applications filed on or after May 13, 2015, the term is 15 years from the date of grant. (Earlier designs were 14 years).
• Plant Patents: Similar to utility patents, these expire 20 years from the filing date.

Patent Term Adjustments (PTA) and Extensions (PTE)

Because the USPTO often faces backlogs, the 20-year term may be extended to compensate for "administrative delays" caused by the patent office. This is known as Patent Term Adjustment (PTA). Additionally, for specific industries like pharmaceuticals, Patent Term Extensions (PTE) may be granted to account for time lost during regulatory reviews (e.g., FDA approval).

Example Calculation (Utility Patent):
Filing Date: January 1, 2010
Base Term: 20 Years (Ends January 1, 2030)
PTA Granted: 150 Days
Final Expiration: May 31, 2030

Important Considerations

This calculator provides an estimate based on standard rules. Several factors can shorten a patent's life, including:

• Maintenance Fees: Utility patents require fees at 3.5, 7.5, and 11.5 years. Failure to pay these results in expiration.
• Terminal Disclaimers: An applicant may agree to have a patent expire on the same day as another patent to overcome "double patenting" rejections.
• Priority Dates: The 20-year clock starts from the filing date of the first non-provisional application in a chain.