How to Get a List of Expired Patents

Last Updated at: Jul 06, 2021
Expired Patents

A patent is an exclusive ownership of a product, process, or invention for 20 years. After the expiry anyone can apply to obtain that specific patent. A patent owner can renew the patent, in case it expires, simply by paying a surcharge added to the maintenance charges. The patent holder can also put the Expired Patent for sale who can renew the expired patents by paying the fees. When the maintenance charges have its payment, a utility patent has a lifetime of 20 years. 

How to get a list of expired patents

The following steps need to be followed to find the expired patents:

Step 1

Visit the Intellectual Property Website

Visit the Intellectual Property Website

Step 2

One can search for expired patents on a different basis. The basis available on the website are as follows:

  • Term Expired
  • Ceased due to Non-Renewal
  • Search by Patent Number
  • Search by title of the invention

Step 3

The easiest way to find an expired patent is through Term Expired. Further, in term expired select the ‘invention field’ in which you are looking for patents those are expired

Step 4

Enter the patent date, patent date from – patent date to.

Step 5

Click Submit and the list will generate for the expiration patents.

Click Submit and the list will be generated for the expired patents.

How to buy the Expired Patent

Once you have mapped down the patent which has expired, you can easily get connected with the patent owner and carry out the further process of negotiation for sale. One can buy all the rights and invention to that particular patent. Moreover, after the deal has settlement, one can renew the patent by paying the stated fees to the authorities in a specific period. Moreover, if the patent passes the mark of 20 years, one cannot renew the patent. Protecting intellectual assets is important. Additionally, to ensure the protection of your intellectual property a professional advisor’s help will make things easy and much understandable to you considering all the aspects.

Patent Your Innovation Now

The patent expiry can be classified on the following classification:

Ordinary Patent Applications

The expiry is 20 years from the filing date. If the patent application has completion by the provisional certificate in the first 12 months, the expiry has calculation from the provisional filing date. Further, the provisional date will decide the expiry date for the patent in India.

Divisional Patent Applications

Additionally, the expiry, in this case, is from the date of filing. The application includes either provisional or complete specifications. Moreover, the expiry period for the patent is 20 years.

Patent of Addition

The expiry is equal to the term of a patent granted for the main invention.

Conventional Patent Applications

The Conventional Patent Application is neither a Divisional Application nor an application for Patent of Addition

 The expiry has calculation from the date of patent filing in India.

Convention Divisional Application

The expiry of the patent has calculation from 20 years from the date of filing.

Convention of patent addition:

Conventional Application is at par with the terms of the main invention. Further, the patent of addition is granted as per the conditions of Patent inclusive of the main invention.

PCT (Patent Cooperation Treaty) Patent Applications:

Application is not divisional or Patent of Addition

The expiry is 20 years as per the International filing date. Further, the expiry is not calculated from the priority date.

PCT Divisional Application

For such applications, the expiry is 20 years as per the International filing date/ PCT date of Patent Application.