Patent status monitoring - What are the possible statuses?

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The world of patents is a fascinating terrain where innovation is protected and economic progress is promoted.But behind every patent filed is a complex journey that comes with different statuses.

From initial filing to patent grant and beyond, a patent goes through a series of stages that determine its legal protection and validity. In this article, we take a look at the different statuses a patent can hold and reveal the meaning behind the steps of the patent process.

Why is this exactly relevant to PATOffice and its accompanying use?

At PATOffice, we monitor patents and their parameters. These can be, for example, information about the "applicants" - that's how you monitor competitors' patent activities, among other things.

If certain patents are highly relevant and you want to stay informed about how the status of a particular patent changes over time, PATOffice offers automatic status monitoring of relevant patents.

For this, you simply turn it on.

But what are the statuses now?

We have created a simple overview that helps you to keep track of all patent statuses.

Possible statuses for patent applications:

Status	Description
Pending	Means that the application is still in process and the patent examination process has not yet been completed. It signals that the patent authority has not yet finally examined the filed application or that the examination process has not yet been completed.
Abandoned	Means that the application has been abandoned and will not be pursued. There may be various reasons for abandonment, for example: Voluntary abandonment:the applicant may voluntarily decide to abandon the patent application. This may occur for a variety of reasons, for example, if the applicant determines that the invention is not patentable, the cost of continuing to prosecute the application is too high, or interest in the invention has been lost. Missed deadlines:During the patent examination procedure, certain deadlines must be met, e.g. for filing documents or paying fees. If the applicant misses these deadlines, this may lead to abandonment of the application. Lack of response to requests:During the examination process, the patent authority may issue requirements or raise objections to the application. If the applicant fails to respond to these requirements in a timely or sufficient manner, the patent authority may consider the application abandoned. It is important to note that an abandoned patent application usually no longer has any legal protective effects. This means that the applicant does not receive protection for his invention and other parties are free to use the technology.
Withdrawn	Means that the application has been withdrawn at the applicant's request. This occurs when the applicant decides not to pursue the patent application and to withdraw it from the examination process. There are several reasons why an applicant may withdraw a patent application: Change in strategy:the applicant may change plans or business strategy and determine that it no longer makes sense to continue the patent application. Lack of likelihood of success:The applicant may discover during the examination process that the patent authority objects to the application or that the chances of success in obtaining a patent are low. In such cases, the applicant may decide to withdraw the application to save time and resources. Cost Reasons:Proceeding with a patent application may involve significant costs, especially if additional examination requirements or third party oppositions arise. The applicant may decide to withdraw the application for financial reasons.
Granted	Means that the patent has been officially granted by the responsible patent authority. This status indicates that the patent application has successfully passed the examination process and that all requirements for a patent grant have been met. If the status "Granted" is displayed, this means that the applicant now owns the exclusive rights to the protected invention. These rights may entitle the applicant to use the invention commercially, to exclude others from using it, or to grant licenses to third parties. After the patent is granted, a patent document is usually issued that describes the details of the invention and the scope of patent protection. This document serves as legal proof of the patent owner's rights.

Possible statuses for granted patents:

Status EN	Erklärung
Active	Means that the patent is still in force and has its legal protection. A patent application with "Active" status indicates that the patent has been granted and the patent owner has the right to protect the technology from unauthorized use. A patent in "Active" status provides the patent owner with various rights and protections. These typically include the right to prohibit others from making, selling, using, or importing the patented technology without the patent holder's consent. The patent owner can take legal action against individuals or companies that use the patent without permission.
Expired - Lifetime	Means that the patent has reached its maximum term and is no longer valid. It signals that the patent protection has expired and no further rights or protective effects can be derived from the patent application. It is important to note that once a patent expires, other parties are free to use the technology as the protection no longer exists. This can lead to increased competition in the market.
Expired - Fee Related	Means that the patent has expired due to unpaid fees. As a rule, regular fee payments are required to obtain a patent in order to maintain protection. If these fees are not paid on time, the patent may expire and lose its legal protection. There are different types of fees that may be associated with a patent, such as annual or periodic fees for maintaining the patent. The status "expired - fee related" indicates that the patent has expired due to unpaid fees.
Withdrawn	Means that the application has been withdrawn at the applicant's request. This occurs when the applicant decides not to pursue the patent application and to withdraw it from the examination process. There are several reasons why an applicant may withdraw a patent application: Change in strategy: the applicant may change plans or business strategy and determine that it no longer makes sense to continue the patent application. Lack of prospects of success: The applicant may discover during the examination process that the patent authority objects to the application or that the chances of success in obtaining a patent are low. In such cases, the applicant may decide to withdraw the application to save time and resources. Cost Reasons: Proceeding with a patent application may involve significant costs, especially if additional examination requirements or third party oppositions arise. The applicant may decide to withdraw the application for financial reasons.
Withdrawn - After Issue	Means that the patent has been withdrawn by the applicant after the patent has been granted. This occurs after the patent has already been granted and has developed its legal effect. There are several reasons why an applicant may withdraw a patent that has already been granted: Strategic reasons: The applicant may change its business strategy and determine that it is more advantageous to withdraw the patent and, for example, pursue other IP rights instead. License Agreements: The applicant may choose to withdraw the patent in order to place it in a licensing agreement with another company or to enter into other business arrangements. Litigation: In some cases, litigation or infringement claims may lead the patent owner to decide to withdraw the patent to avoid certain legal or economic risks. It is important to note that withdrawn - after issue status withdraws the patent that has already been issued. This means that the legal protection of the patent ceases and other parties are free to use the technology.
Revoked	Means that the patent has been subsequently revoked or cancelled. This occurs when it is determined that the granted patent should not have been granted or that certain requirements for the grant of the patent were not met. There are several reasons why a patent may have Revoked status: Revocation: It may be determined that the granted patent was invalid from the beginning, for example, due to lack of novelty, lack of inventive step or insufficient disclosure of the invention. In such cases, the patent can be declared invalid and the status set to "Revoked". Invalidity action: Third parties can file an invalidity action against the patent and argue that it is invalid. If the court or the competent patent authority upholds the action and declares the patent invalid, the status is changed to "Revoked". Violation of conditions or regulations: If the patent owner violates certain conditions or regulations associated with the patent, this may result in the revocation of the patent. This may be the case, for example, if the patent owner does not pay the required fees or does not fulfill certain reporting obligations.
Ceased	Means that the patent application is no longer in force and its legal effect has ceased. There are various reasons why a patent application may have the status "Ceased": Withdrawal: the applicant may voluntarily decide to withdraw the patent application and not pursue protection. This can happen for various reasons, for example, if circumstances have changed or the applicant is no longer interested in enforcing the patent. Waiver: The applicant can waive his rights under the patent application by declaring a corresponding waiver. This terminates the application and the patent protection expires. Invalidity: It may be determined that the patent application is invalid and thus not legally enforceable. This may be the case, for example, if the application does not meet the necessary requirements for a patent grant or if there is a successful nullity action.
Not-in-force (designated stated only)	Used for EP records when no EP-designated country remains in effect. Used only for EP designated countries within an EP record. See new IFI patent status for EP for examples.
In-force (designated stated only)	Used for EP records when an EP-designated country remains in effect. Used only for EP designated countries within an EP record. See new IFI patent status for EP for examples.