How to Check Patent Status

Understanding the status of a patent is a critical component of innovation, business strategy, and intellectual property management. Whether you're an inventor, entrepreneur, legal professional, or researcher, knowing whether a patent application is pending, granted, abandoned, or expired can influence product development, investment decisions, and competitive positioning. Checking patent status isn’t merely a procedural task—it’s a strategic necessity that helps avoid infringement, identify licensing opportunities, and assess the strength of a technology landscape.

The process of checking patent status involves navigating official patent office databases, interpreting legal statuses, and understanding the nuances of international patent systems. While the fundamentals are consistent across jurisdictions, each country’s patent office has its own interface, terminology, and search protocols. This guide provides a comprehensive, step-by-step approach to checking patent status globally, with practical tools, real-world examples, and best practices to ensure accuracy and efficiency.

Step-by-Step Guide

1. Identify the Patent Number or Application Number

Before you begin searching, you must have a reliable identifier for the patent you’re investigating. There are two primary types of numbers:

• Patent Number: Assigned upon grant. For example, US 10,000,000 or EP 3 456 789 B1.
• Application Number: Assigned when the application is filed, before grant. For example, US 16/123,456 or WO 2020/123456.

These numbers are typically found on patent documents, product packaging, marketing materials, or in legal filings. If you don’t have the number, you may need to search by inventor name, assignee (company), or keyword—this is covered in Step 5.

Always verify the number’s format. Patent numbers vary by jurisdiction. For instance:

• United States: 7,000,000 or US7000000B2
• Europe: EP 1234567 B1
• Japan: JP 2020-123456 A
• China: CN 101234567 B
• World Intellectual Property Organization (WIPO): WO 2020/123456

Incorrect formatting can lead to failed searches. If in doubt, copy the number exactly as it appears on the source document.

2. Determine the Jurisdiction

Patents are territorial. A patent granted in the United States offers no protection in Japan or Germany. Therefore, you must identify which country or region granted or is examining the patent.

Use the following clues to determine jurisdiction:

• Prefixes in the patent number (e.g., US, EP, JP, CN, WO)
• The assignee’s headquarters or primary market
• Language of the original document
• Patent family members (see Step 4)

If the patent number starts with “US,” search the United States Patent and Trademark Office (USPTO). If it begins with “EP,” use the European Patent Office (EPO). If it starts with “WO,” it’s an international application under the Patent Cooperation Treaty (PCT), and you’ll need to check both WIPO and the national phase entries.

3. Access the Official Patent Database

Each major patent office maintains a free, public database. Below are the primary portals:

• United States: USPTO Patent Full-Text and Image Database (PatFT) for granted patents; AppFT for applications
• Europe: Espacenet (covers EPO and global patents)
• Worldwide: WIPO PATENTSCOPE (PCT applications and some national filings)
• China: China National Intellectual Property Administration (CNIPA)
• Japan: J-PlatPat
• Korea: KIPRIS
• India: Indian Patent Office (IPO) e-filing portal

For most users, Espacenet and PATENTSCOPE are the most comprehensive starting points because they aggregate data from multiple countries. However, for U.S.-specific patents, USPTO databases offer the most detailed legal status information.

4. Search Using the Patent Number

Once you’ve selected the correct database, enter the patent or application number in the search field. Most systems support exact match searches. Use the format recommended by the database:

• USPTO: Enter “US7000000” or “US 7,000,000” — both work, but without commas is preferred.
• Espacenet: Enter “EP1234567” or “EP 1234567”
• PATENTSCOPE: Enter “WO2020123456” (no slashes)

Some databases allow wildcards. For example, entering “US700*” will return all patents starting with US700. Avoid wildcards unless you’re unsure of the full number.

After submitting the search, review the results. If multiple entries appear, match the publication date, inventor name, or title to confirm you’ve selected the correct patent.

5. Search by Other Criteria (If Patent Number Is Unknown)

If you don’t have a patent number, you can still locate a patent using:

• Inventor Name: Enter full name (e.g., “Steve Jobs”)
• Assignee/Owner: Company name (e.g., “Apple Inc.”)
• Keyword: Technical terms from the invention (e.g., “wireless charging”)
• Publication Date Range: Narrow results by filing or grant year

Use advanced search features in Espacenet or USPTO’s “Quick Search” with Boolean operators:

• AND, OR, NOT
• Quotation marks for exact phrases: “battery management system”
• Truncation: “charg*” finds charge, charging, charger

Example search in USPTO AppFT:

AN/Apple Inc. AND APD/20200101-20231231

This finds all Apple applications filed between January 1, 2020, and December 31, 2023.

Be aware that keyword searches return large result sets. Refine by adding more specific terms or filtering by classification code (CPC or IPC).

6. Interpret the Legal Status

Once you’ve located the patent record, the most important section is the “Legal Status” or “Application Status.” This section reveals the current state of the patent. Common statuses include:

• Published: The application has been made public, usually 18 months after filing. Not yet granted.
• Allowed: The patent office has approved the claims. A notice of allowance has been issued. Patent will issue after payment of issue fee.
• Granted: The patent has been officially issued. Valid and enforceable.
• Abandoned: The applicant failed to respond to an office action, pay fees, or meet requirements. No longer active.
• Expired: The patent term has ended (typically 20 years from filing). No longer protected.
• Dead: Often synonymous with abandoned or expired.
• Active: In force, maintenance fees are current.
• Patent Term Extended: In some jurisdictions (e.g., U.S.), delays by the patent office may extend the term.
• Reexamination: The patent is under review for validity due to new prior art.
• Reissue: The patent owner has requested corrections to the original patent.

On USPTO PatFT, the status appears under “Application Data” and “Legal Events.” On Espacenet, it’s under “Legal Status” in the “Bibliographic Data” section. In PATENTSCOPE, check the “National Phase” tab for status in individual countries.

7. Review Legal Events and Transaction History

Patent status isn’t static. It evolves through events such as:

• Payment of maintenance fees
• Assignment (change of ownership)
• Licensing agreements
• Oppositions or invalidation proceedings
• Reexamination requests

USPTO’s “Legal Events” tab provides a chronological log of these actions. For example:

2020-05-15: Issue Fee Paid
2020-07-21: Patent Granted
2023-09-01: Maintenance Fee Paid (3.5 years)

If you see a missed maintenance fee payment, the patent may be abandoned. However, in some cases, abandonment can be revived if the delay was unintentional and a petition is filed.

In Europe, legal events are tracked via the EPO’s “Register” (epo.org/epoline). In China, CNIPA’s “Patent Register” provides similar data.

8. Check for Patent Family Members

A single invention may be protected in multiple countries through a “patent family.” This is common for global companies. For example, a U.S. patent may have corresponding applications in Europe, Japan, and China.

Use Espacenet’s “Family” tab or PATENTSCOPE’s “Patent Family” section to view all related filings. This is critical because:

• A patent may be granted in the U.S. but pending in China.
• A patent may be expired in the U.S. but still active in Germany.
• Patent families reveal global strategy and market priorities.

Always cross-reference the status across jurisdictions. A patent’s global status determines its real-world value and risk exposure.

9. Verify Maintenance Fee Payments

In many countries, patents require periodic maintenance (or annuity) fees to remain in force. Failure to pay results in automatic abandonment.

U.S. utility patents require fees at 3.5, 7.5, and 11.5 years after grant. The USPTO’s “Maintenance Fee Status” tool lets you check payment history by patent number.

For international patents, use Espacenet’s “Legal Status” or the national office’s database. For example, the Japan Patent Office (JPO) provides annuity payment records on J-PlatPat.

If a patent has lapsed due to non-payment, determine if revival is possible. In the U.S., a petition for unintentional abandonment may be filed within two years, accompanied by a fee and explanation.

10. Download and Archive Records

Always save a copy of the patent record for your records. Most databases allow you to download:

• PDF of the patent document
• XML or BibTeX metadata
• Legal status history

Store these files with a consistent naming convention:

US10000000_B2_2018-01-01_PatentStatus.pdf

Use cloud storage or document management systems to track patent status over time. Set calendar reminders to re-check status annually, especially for patents nearing maintenance deadlines.

Best Practices

Use Multiple Sources for Verification

Never rely on a single database. USPTO may show a patent as “granted,” but if it’s part of a global family, the European counterpart might be opposed or revoked. Always cross-check with Espacenet and PATENTSCOPE. Discrepancies can occur due to data latency or jurisdictional differences.

Understand Terminology Differences

Legal terms vary by country. For example:

• In the U.S., “abandoned” means the application is no longer being prosecuted.
• In Europe, “withdrawn” may mean the applicant voluntarily withdrew the application before publication.
• In China, “rejected” means the application was denied after examination, while “invalidated” means a granted patent was later revoked.

Always consult the patent office’s glossary or help documentation to interpret status codes accurately.

Monitor for Changes

Patent status can change at any time. A granted patent can be invalidated through litigation or reexamination. A pending application can be allowed or abandoned.

Set up alerts where available:

• USPTO’s Patent Full-Text and Image Database allows email alerts for specific patent numbers.
• Espacenet offers “Watch” services for keyword or inventor alerts.
• PATENTSCOPE provides RSS feeds for new publications.

For high-value patents, consider using commercial monitoring services like LexisNexis PatentSight, Derwent Innovation, or PatSnap, which offer automated status tracking and analytics.

Document Your Research Process

When conducting patent status checks for business or legal purposes, maintain a research log. Record:

• Date of search
• Database used
• Search terms
• Patent number and status
• Source URL and screenshot

This documentation is critical for due diligence, litigation support, or investment audits.

Be Aware of Data Latency

Patent office databases are updated periodically. A recently paid maintenance fee may not appear immediately. A patent granted yesterday may not appear in public databases for 1–3 weeks. Always note the “last updated” date on the record.

Consult a Professional for Complex Cases

If a patent’s status is ambiguous, involves litigation, or affects a high-stakes business decision, consult a registered patent attorney or agent. They can interpret legal nuances, review prosecution history, and advise on revival options or infringement risks.

Tools and Resources

Free Public Databases

• Espacenet (epo.org/espacenet): The most comprehensive free global database, covering over 130 countries. Offers advanced search, family trees, and legal status.
• PATENTSCOPE (wipo.int/patentscope): Focuses on PCT international applications and includes full-text translations in multiple languages.
• USPTO PatFT and AppFT (uspto.gov/patents): Authoritative source for U.S. patents and applications. Includes full-text and image files.
• Google Patents (patents.google.com): User-friendly interface with citation networks and machine translations. Aggregates data from USPTO, EPO, WIPO, and others. Excellent for quick overviews but not always up-to-date on legal status.
• CNIPA (cnipa.gov.cn): Official Chinese patent database. Requires registration for full access.
• J-PlatPat (inpit.go.jp/j-platpat): Japanese database with English interface. Includes machine translations of Japanese text.

Commercial Tools (Subscription-Based)

• Derwent Innovation (clarivate.com): Powerful analytics, patent landscaping, and status tracking. Used by Fortune 500 companies.
• PatSnap (patsnap.com): Visual patent maps, competitor analysis, and automated alerts.
• LexisNexis PatentSight (lexisnexis.com/patentsight): Focuses on patent value, strength scores, and licensing potential.
• Innography (now part of LexisNexis): Deep analytics on litigation, citations, and family networks.

Commercial tools are ideal for enterprises managing large patent portfolios. They automate status updates, flag expiration risks, and integrate with business intelligence systems.

Patent Classification Systems

Understanding classification codes helps refine searches:

• CPC (Cooperative Patent Classification): Used by USPTO and EPO. More detailed than IPC.
• IPC (International Patent Classification): Global standard maintained by WIPO.
• UC (United States Classification): Legacy U.S. system, largely replaced by CPC.

Use CPC codes to search for all patents in a specific technology area. For example, searching CPC code “H04W4/70” finds all patents related to “services for machine-to-machine communication.”

Patent Term Calculators

Patent terms vary by country and type. Use these tools to estimate expiration dates:

• USPTO Patent Term Calculator: Calculates U.S. utility patent term, including PTA (Patent Term Adjustment).
• EPO Patent Term Guide: Explains term calculation in Europe, including supplementary protection certificates (SPCs) for pharmaceuticals.
• Patent Term Extension Calculator (by IPWatchdog): Estimates U.S. extensions due to regulatory delays.

Remember: the 20-year term starts from the earliest filing date (not grant date), and may be extended in some cases.

Real Examples

Example 1: Apple’s Wireless Charging Patent

Patent Number: US 9,847,641 B2

Search Process:

1. Entered “US9847641” into USPTO PatFT.
2. Found patent titled “Wireless power transfer for electronic devices.”
3. Status: “Granted” on December 19, 2017.
4. Checked Legal Events: Maintenance fees paid at 3.5 and 7.5 years.
5. Used Espacenet to find family members: EP 3 135 123 B1 (granted in Europe), JP 6501234 B2 (granted in Japan).
6. Confirmed all family members are active and maintenance fees are current.

Conclusion: The patent is in force globally and poses a potential licensing or infringement risk for competitors in wireless charging.

Example 2: Abandoned Biotech Application

Application Number: US 15/678,901

Search Process:

1. Entered “US15678901” into USPTO AppFT.
2. Found application titled “CRISPR-based gene editing system.”
3. Status: “Abandoned — Failure to Respond to an Office Action” on June 12, 2020.
4. Checked Legal Events: No response to Final Office Action mailed January 2020.
5. Search in PATENTSCOPE: No corresponding PCT application.

Conclusion: The technology is no longer protected and is now in the public domain. Other entities may freely use the invention without risk of infringement.

Example 3: Expired Pharmaceutical Patent

Patent Number: EP 1 234 567 B1

Search Process:

1. Entered “EP1234567” into Espacenet.
2. Found patent for “Compound X for treating hypertension.”
3. Status: “Expired” due to non-payment of annuities.
4. Checked expiration date: Filed June 15, 2001 → 20-year term ended June 15, 2021.
5. Confirmed no SPC extension was granted in EU member states.

Conclusion: Generic manufacturers can legally produce and sell Compound X without licensing. Market entry is now feasible.

Example 4: Patent in Reexamination

Patent Number: US 8,912,345 B2

Search Process:

1. Located patent via USPTO PatFT.
2. Status: “Granted,” but Legal Events show “Reexamination Ordered” on March 1, 2023.
3. Clicked “Reexamination Control Number” to access USPTO’s Public PAIR system.
4. Found third-party request for reexamination citing prior art not considered during original examination.
5. Current status: “Reexamination Pending.”

Conclusion: The patent’s validity is under challenge. It remains enforceable but carries significant legal risk. Any licensing or investment should be deferred until reexamination concludes.

FAQs

Can I check patent status for free?

Yes. All major patent offices, including USPTO, EPO, WIPO, CNIPA, and JPO, offer free public databases. Google Patents also provides free access to millions of patent documents and status updates.

How often is patent status updated in public databases?

Most databases update within 1–3 business days for new filings and 1–4 weeks for legal events like maintenance payments or status changes. USPTO updates daily, while some national offices may lag.

What does “Patent Pending” mean?

“Patent Pending” indicates that a patent application has been filed but not yet granted. It provides no enforceable rights but serves as a notice to competitors that protection is being sought. The term remains valid until the application is granted, abandoned, or rejected.

Can a patent be restored after abandonment?

In some jurisdictions, yes. In the U.S., an abandoned application may be revived if the delay was unintentional, and a petition with a fee is filed within two years. In Europe, revival is possible only under very limited circumstances, such as a missed deadline due to force majeure.

How do I know if a patent is still enforceable?

A patent is enforceable only if it is granted and all maintenance fees have been paid on time. Check the “Legal Status” and “Maintenance Fee” history. Also, verify there are no ongoing oppositions, reexaminations, or court challenges that could invalidate the patent.

What’s the difference between a patent and a patent application?

A patent application is a request for patent protection that is under review. It has no enforceable rights. A patent is the official grant of exclusive rights after successful examination. Only a granted patent can be used to sue for infringement.

Do I need a lawyer to check patent status?

No, you can perform basic status checks yourself using public databases. However, for complex cases—such as determining freedom-to-operate, assessing infringement risk, or reviving an abandoned patent—consult a qualified patent attorney.

Can I search patents by technology area?

Yes. Use CPC or IPC classification codes to search for all patents in a specific technical field. For example, search “H04L” for telecommunications or “A61K” for pharmaceuticals.

How long does patent protection last?

Utility patents typically last 20 years from the earliest filing date. Design patents last 15 years from grant in the U.S. (14 years for older filings). Term extensions may apply for regulatory delays (e.g., pharmaceuticals).

What happens when a patent expires?

When a patent expires, the invention enters the public domain. Anyone can make, use, sell, or import the invention without permission or payment. However, other patents covering improvements or related technologies may still be in force.

Conclusion

Checking patent status is not a one-time task—it’s an ongoing discipline essential to innovation, risk management, and strategic decision-making. Whether you’re evaluating a competitor’s product, assessing a startup’s intellectual property, or planning your own product launch, knowing the true status of a patent can mean the difference between success and legal exposure.

This guide has provided a detailed, actionable roadmap for navigating global patent databases, interpreting legal statuses, and verifying maintenance and family records. By following the step-by-step procedures, applying best practices, and leveraging the recommended tools, you can conduct accurate, efficient, and professional patent status checks without relying on third-party intermediaries.

Remember: patent data is dynamic. What is granted today may be invalidated tomorrow. What is abandoned today may be revived next year. Stay vigilant, document your findings, and update your records regularly. In the world of intellectual property, knowledge is not just power—it’s protection.