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  • Chandan Aggarwal

Can you enforce an expired patent?


Patent rights last for a restricted period, and the right to sue the party infringing on the patent depends on this period. Therefore, inventors and other patent owners must calculate the expiration date of their patent. This will depend on the filing date of their patent application, priority dates, terminal disclaimers, delays by the patent office and the type of patent they received. But what happens after patent expires?


All exclusive rights of the patent owner are gone once the patent expires. The owner can no longer sue companies for using and selling products covered by the expired patent. However, if the infringement happened during the active period of your patent then you have the right to sue for damages accrued over that portion of the active period. At the same time, you cannot recover damages for infringement c