How Long Do Patents Last? A Clear Guide for Manufacturers

 
How long do patents last? The short answer: most utility patents last 20 years from filing, design patents last 15 years from grant in the U.S., and European patents last 20 years from filing. The details matter under patent law, because patent term affects your product roadmap, capital planning, and regulatory timelines.

If you build Class II medical devices, auto components, construction tools, mobility equipment, or defense hardware, the clock on your intellectual property can shape launch dates, pricing, and contracts through the duration of your patent protection. This guide explains the terms in the U.S., Europe, and the PCT, what can extend or shorten protection, how to keep rights alive, and how to plan for expiration.

Need help mapping terms for your patent portfolio? Call for a Free Consultation: 866-759-7608.

Quick answer:

• U.S. utility: 20 years from the earliest non-provisional filing date, U.S. or PCT.
• U.S. design: 15 years from grant.
• U.S. plant: 20 years from filing.
• Europe: patents 20 years from filing; registered designs up to 25 years with 5-year renewals.
• PCT: no world patent; the term is still 20 years from the international filing date once you enter national stages.
• Fees must be paid on time to keep rights in force.

Two fast examples:

• A Class II catheter filed as a U.S. non-provisional on March 1, 2026 would normally expire on March 1, 2046, unless extended or disclaimed.
• An auto sensor design patent granted on July 10, 2027 would expire on July 10, 2042.

You can review official fee timing in the USPTO fee schedule for 2025 , and European fee timing details, like designation fees, in the EPO Guidelines on designation fee time limits.

• Utility patent: 20 years from the earliest effective non-provisional filing date, U.S. or PCT (this modern term replaced the historical 17 years from issuance for patents granted before 1995). Maintenance fees are due at 3.5, 7.5, and 11.5 years. Miss a payment, and the patent can lapse.
• Design patent: 15 years from issuance for patents issuing from applications filed on or after May 13, 2015 (often phrased as 15 years from issuance). No maintenance fees. Protects the ornamental appearance of a product.
• Plant patents: 20 years from filing.
• Continuations, divisionals, or CIPs: these do not add extra years by themselves.
• The term can change due to Patent Term Adjustment or Patent Term Extension, covered later.

For a quick refresher on common patent lifetimes and costs, see this overview on understanding patent lifetimes and costs. Always check the statute and current fee schedule for specifics.

• European patents: 20 years from filing. After grant, pay renewal fees in each validated country. Or choose a Unitary Patent with one annual renewal covering participating EU countries.
• Designs: Registered Community Designs can last up to 25 years, renewed every 5 years.
• Validation choices affect cost and admin effort, not the basic 20-year term of the underlying EP patent.

For practical timing considerations around EP renewal and validation steps, the EPO’s guidance on extension and validation fee timing helps you plan your docket.

• The PCT gives you a single international application and more time to choose countries.
• There is no world patent.
• The patent term remains 20 years from filing, as standardized by the TRIPS Agreement of the World Trade Organization (WTO), from the international filing date once you enter national phases.
• Most national phase deadlines fall around 30 to 31 months from the international filing date.

• A provisional locks in a 12-month priority date, but it does not add to the patent term.
• The clock starts with the non-provisional or PCT filing date.
• Example: file a provisional in 2025, then a non-provisional in 2026. The patent term runs to 2046, not 2047.

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Several factors can extend or shorten the duration of patents:

• Patent Term Adjustment for USPTO delays.
• Patent Term Extension for regulatory review, often in life sciences and some devices.
• Europe’s SPCs for medicines and plant protection products.
• Terminal disclaimers in the U.S. that cut term to match an earlier related patent.

Design patents do not receive PTA and typically do not receive extensions.

You can also find a helpful perspective on expiration math in this article on how to calculate the expiration date of an EP patent.

• PTA can add days or months when the USPTO misses certain examination timelines.
• Example: a construction tool patent waited through slow office actions, adding 8 months of PTA. The new expiration shifts accordingly.
• Applicant delays, like late responses, reduce PTA.
• Design patents do not get PTA.

• Under the Hatch-Waxman Act, PTE may extend a patent to cover time lost during the FDA approval process. Most common for drugs and biologics; certain medical devices may qualify under U.S. law. Also known as patent term restoration, it helps compensate for regulatory delays.
• There are caps, formulas, and overall effective life limits that reduce the extension.
• Example: a Class III medical device with lengthy FDA review may gain added time, extending patent protection beyond 20 years from filing.
• PTE applies to a specific patent and product, not your entire portfolio.

• SPCs can extend protection for authorized medicinal and plant protection products after the base patent expires.
• Medical devices generally do not qualify for SPCs in Europe.
• For device makers, plan for standard 20-year patent terms, then consider follow-on filings or design rights.

• A terminal disclaimer can make a later patent expire when an earlier related patent expires.
• This can cut years off the expected term, even if the later filing is newer.
• Common pitfall: assuming a continuation adds time. It does not.

Missed payments can cut the patent term short and cause early expiration. Set alerts, assign backups, and build fee budgets early. The USPTO fee schedule reflects 2025 changes that affect costs, not term length.

• Maintenance fees are due at 3.5, 7.5, and 11.5 years.
• There is a grace period with a surcharge if you miss the window.
• If maintenance fees are not paid in time, the patent lapses. Reinstatement options exist, but they add risk and cost.
• Design patents have no maintenance fees.

• Before grant: EPO renewal fees are due each year, starting at year 3 from filing.
• After grant: pay annual renewals in each validated country, or pay one Unitary Patent renewal if you selected a Unitary Patent.
• Miss a national renewal and you lose rights in that country only.

• Map revenue by country for your patent portfolio, then match renewal spending to market value.
• Use a docketing system with alerts 6 to 12 months ahead of due dates.
• Plan for rising European renewals in later years.
• For long-life products, consider a mix: utility patents for function, design rights for appearance, and trade secrets for high-value processes or firmware settings.

Think of the patent term as your product’s runway, leading up to its expiration date. Use this period to time launches, tooling, and contracts, then prepare for the expiration date when competitors land on the same strip.

• Utility patents protect how it works.
• Design patents protect how it looks.
• Trade secrets protect manufacturing steps, heat treatments, firmware settings, or test methods.
• This mix of intellectual property guards different parts of the same product for different periods.

• File improvements when they are ready. Do not sit on a complete invention.
• Use continuations and divisionals to cover variants and keep claims aligned with product updates. These do not add term, but they create flexibility and help navigate patent thickets.
• Balance early filing with enough testing to support the claims.

• After expiration, the invention enters the public domain. Anyone can make it without risk of patent infringement for that specific patent.
• Update product markings to remove expired patent references and avoid false marking risk.
• Expect price pressure from generic entry, new entrants, and faster commoditization.
• Consider licensing improvements that still have life, or cross-licensing to secure component supply.

• Look up grant and filing data in USPTO Patent Center or the EPO Register.
• Confirm type: utility, design, or plant.
• Account for PTA, PTE, SPCs, and any terminal disclaimer.
• Also consider reissue and reexamination proceedings that might affect the patent's validity or scope.
• Check maintenance or renewal status. A lapsed patent may have ended early.
• When in doubt, ask counsel to verify the date.

Table: Common duration of patents at a glance

TypeWhereStandard TermFees During LifeUtilityU.S.20 years from earliest non-provisional filingMaintenance at 3.5, 7.5, 11.5 yearsDesignU.S.15 years from grantNo maintenance feesPlantU.S.20 years from filingMaintenance applies like utilityPatentEurope20 years from filingAnnual renewals, by country or Unitary PatentRegistered DesignEuropeUp to 25 years, in 5-year blocksRenewal each 5 years

Note: Adjust for PTA, PTE, SPCs, and terminal disclaimers where applicable.

Here is the core answer to how long do patents last . U.S. utility patent terms run 20 years from filing, U.S. design patents run 15 years from grant, European patents run 20 years with annual renewals, and EU designs can last up to 25 years in 5-year blocks. The PCT does not add time. Patent term adjustment (PTA), patent term extension (PTE), SPCs, and terminal disclaimer can move the end date, so always check the record. Align filings, renewals, and product lifecycles with the patent term now rather than near expiration. Call 866-759-7608 for a Free Consultation to map your timelines and avoid surprises.