How Patent rights can be lost

The patent right is not a guaranteed monopoly for the period that it is enforced, that is, from the date of issuance until the expiration date (twenty years from the date of filing). These rights can be revoked or lapse if:

  • Annual maintenance fees are not paid.
  • Insufficient disclosure to enable reproduction by a person with average skill in the art
  • Subject matter extends beyond the content of the patent as filed
  • Protection extended by an amendment which should not have been allowed
  • Patent was granted to a person who was not entitled to it