A patent lapse occurs when the patent holder fails to pay the required maintenance fees within the designated timeframe. These fees are periodic payments made to the patent office to maintain the patent's enforceability throughout its term. Missing these payments puts your patent at risk of lapsing, meaning it loses its legal force and enters the public domain.

Once lapsed, your invention becomes freely available for anyone to use, manufacture, or sell without your permission. You lose the exclusive rights granted by the patent, hindering your ability to control your invention's commercialization and potentially impacting your revenue streams.

You can no longer take legal action against entities that infringe upon your lapsed invention. This means you cannot prevent unauthorized use or claim compensation for such use.

Fortunately, under certain circumstances, you may be able to restore a lapsed patent. However, acting swiftly is crucial, as there are strict time limits and procedures involved.

Generally, you have up to 12 months from the date of lapse to file a petition for restoration with the patent office. This period may vary depending on your jurisdiction, so it's important to consult with a registered patent attorney or patent professional to understand the applicable deadlines. To restore your patent, you must typically do few things.

Pay all the overdue maintenance fees along with any applicable late payment fees.

File a petition with the patent office explaining the reason for the lapse. This petition should demonstrate sufficient justification for the delay, such as inadvertent error, mistake, or unforeseen circumstances beyond your control.

Meet any additional requirements stipulated by the patent office, which may involve providing supporting documentation or attending hearings.

By understanding the ramifications of a lapsed patent and the potential for restoration, you can take proactive measures to safeguard your intellectual property and ensure your invention continues to be protected.