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A granted patent is a patent application that a patent office has examined and approved, putting it into force and giving the owner enforceable exclusive rights over the invention. Until that decision is issued there is no patent, only a pending application.
Grant is the point at which the rights become enforceable. Before it, an applicant holds a filing date and, in some jurisdictions, provisional rights running from the publication date. After it, the owner can stop others from making, using, selling or importing the invention without permission, and can license or sell those rights.
The office also publishes the granted claims, which set the exact boundary of what is protected. Everything outside the claims is unprotected, however thoroughly the rest of the document describes it.
A granted patent carries a patent number and a grant date, both recorded in the register of the office that issued it. A pending case carries an application number instead, and a publication number once it publishes.
The register is the only reliable answer. A patent can be granted and lapse years later, and only the register reflects its current status.
| Status | What it means | Can others use the invention? |
|---|---|---|
| Pending | Filed, not yet approved | Yes, though provisional rights may apply from publication |
| Granted | Examined, approved, in force | No, not without permission |
| Lapsed or expired | Term ended or a patent renewal fee went unpaid | Yes, it is in the public domain |
Usually up to 20 years from the filing or priority date in most countries, though the term varies by patent type and jurisdiction. That is a maximum, not a guarantee.
A granted patent stays in force only while its patent renewal fees are paid, and in most jurisdictions those fees start falling due once the patent is granted.
The patent lapses even if years remain in its term, and the invention becomes free for anyone to use. Most jurisdictions allow a grace period after a missed deadline, during which the fee can still be paid with a surcharge, but not every jurisdiction offers one.
The length of the grace period and the size of the surcharge vary widely. The rules for each jurisdiction are set out in our guide to grace and surcharge periods.
Once a patent is granted, keeping it alive becomes an administrative task rather than a legal one: a separate deadline in every country where it is registered, each with its own fee, currency and local agent requirement.
