My patent has expired or lapsed — are there still options?

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Beyond the Patent · Accepted Answer

Possibly. Patents that lapsed for unpaid maintenance fees can often be revived if the delay was unintentional — the USPTO even revised its delay-petition rules in August 2026. Truly expired (end-of-term) patents are done, but the technology and any live family members may not be.

For lapsed patents: revival requires a petition, the missed fee, a surcharge, and a statement that the delay was unintentional — and there are intervening-rights rules protecting parties who relied on the lapse. Speed matters; the longer the gap, the harder the story.

For end-of-term patents: the invention itself enters the public domain (anyone, including you, can now practice it freely), trademarks and trade secrets around the product may still be alive, and live continuations or foreign family members may carry the IP forward. Untangling which of these you actually have is a fast, worthwhile review.

My patent has expired or lapsed — are there still options?

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