Step Into the Generic Market

Track Patent Expiries and Unlock Opportunities in the Generic Market

Utility patents, while granted for a maximum term of 20 years from the filing date, are often not maintained for their full duration.  Studies indicate that only 30-50% of patents remain active for the entire term, with the specific percentage influenced by the industry and the nature of the patent. This means the majority of patents expire early, entering the public domain and creating valuable opportunities for businesses to exploit these innovations.

Maintaining a patent requires the payment of periodic renewal fees. In the United States, for example, these fees are due at 3.5, 7.5, and 11.5 years after the patent is granted. Each stage sees a significant drop-off in renewals, with only about 44% of patents still active after the third payment. 

Similarly, in Europe and India, renewal fees increase annually, leading many patent holders to discontinue maintenance if the costs outweigh the perceived value of the patent.

 The lapse of patents creates a wealth of possibilities for companies, particularly in the generic products sector. Businesses can:

1. Leverage Expired Patents: Develop products based on technologies that are no longer protected, minimizing risks of infringement and reducing time to market.

2. Target Imminent Expirations: Identify patents nearing expiration to strategically plan for entry into the market as soon as they fall into the public domain.

3. Enhance Market Positioning: Use expired patents to innovate and expand product offerings, enabling cost-effective market entry.

By staying ahead of patent expiration trends and tracking technologies entering the public domain, businesses can gain a decisive edge in the competitive landscape.