If this period interfered with the manufacturer's ability to profit off of the patent, and if the drug is viewed as a public good, the patent may be extended for a few years. To qualify for this renewal, a drug manufacturer must demonstrate that there was an extended wait for the drug to be approved for distribution and consumption. An expired patent can only be renewed through an act of Congress, and in rare cases, a patent may be extended for a few years.ĭrug patents are among the rare patents occasionally renewed by Congress. For example, generic drugs can be manufactured and sold after a drug patent expires. When your patent expires, you no longer have exclusive rights to manufacture and sell the product. Plant and utility patents granted prior to 1995 last 17 years. Plant patents and utility patents last up to 20 years from the date of application, while patents for designs last up to 14 years from the date of application.
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