When Does a Patent Expire and How to Calculate Your Real Protection Window
when does patent expire — learn exactly when a patent expires, how to calculate your real protection window, and what PTA, PTE, and maintenance fees mean for
[INDUSTRY]Aerospace, aviation and space
Aerospace patent attorneys for aviation and space startups
We protect the aircraft, the spacecraft and the name on them, filed before a flight test or an air show makes them public. One flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
[01]Who it's for
For the people who build what flies.
From an air taxi startup to a supplier improving one part of an engine, the work starts the same way. Find out what is new, then protect it before it flies in public or goes out to a customer.
Aviation and eVTOL startups
Aircraft, electric propulsion and air taxi teams, protected before the first public flight or investor demo.
Drone and UAS makers
Unmanned aircraft, payloads and the flight control software that runs them, from delivery drones to inspection fleets.
Space startups
Launch vehicles, satellites, in-space systems and the ground software that operates them.
Aerospace suppliers
Parts, materials, avionics and repair methods, with ownership checked against the supply agreement from day one.
[02]What's protectable
Four things worth protecting in aerospace technology.
An aircraft, a drone or a satellite carries several layers of protection. A patent on how it works, a design patent on how it looks and a trademark on its name each stop a different kind of copy.
01Utility patent
The vehicle and its systems
Airframes, propulsion, avionics and the mechanisms that make them work. Claims are written around what your design does better than what flies today, such as less weight, less drag or fewer parts.
- Airframes and structures
- Propulsion and electric drives
- Avionics and sensors
- Landing gear and actuators
Flat fee, quoted before work begins02Utility patent
Software, materials and manufacturing
Flight control, navigation and satellite operations software, claimed as a specific technical process, along with new composites, alloys and the ways parts are built and inspected.
- Flight control and autonomy
- Satellite and ground systems
- Composites and alloys
- Printed and machined parts
Flat fee, quoted before work begins03Design patent
The look of the aircraft and its parts
The ornamental design of an aircraft body, a drone, a cabin interior or a cockpit display, protected for 15 years from grant.
- Aircraft and drone bodies
- Cabin seats and interiors
- Displays and control interfaces
USPTO denies it, full refund*04Trademark
The aircraft and company name
Clear and file the name before it goes on the aircraft, the website and investor decks, so the name customers and operators know is one you can keep.
- Aircraft, drone and satellite names
- Company names
- Logos
Approved, or your money back*
Some things stay secret
Process settings, test data and manufacturing know-how no one can learn from the finished part may be worth more as trade secrets than as published patents. Your attorney tells you which on your first call.
[03]The flat-fee path
Search, provisional, utility. Flat fees at every step.
Every step is quoted before any work begins, and the search fee is credited when you file. Most aerospace founders file a provisional before a public flight, an air show or a conference paper, then the full application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited when you file
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the system works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor the aircraft body or a part, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the aircraft or company name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Certification and launch
Patent the design. Certify the aircraft. Time both.
A patent decides who can make and sell the technology. FAA certification decides whether it can fly commercially, and it can take years. Test flights, air shows and supplier quotes all put the design in front of others, so the filing has to come first.
PatentWho can make and sell it
- $99901$999SearchWhat is already out there?
- File first02File firstProvisionalPatent pending, before the first public flight
- Month 1203Month 12Full applicationWithin 12 months
- USPTO04USPTOExaminationThe USPTO reviews the claims
- 05GrantedRights you can enforce
AircraftWhen others see it
- Keep it in-house01Keep it in-houseDesign and ground testsModels, rigs and test stands
- Use an NDA02Use an NDASuppliers and partnersParts, tooling and test partners
- Disclosure risk03Disclosure riskFlight tests and air showsVisible to anyone watching
- Can take years04Can take yearsCertificationFAA approval of the design
- 05Entry into serviceDeliveries and operations
File before the first public flight
A test flight in public view, an air show, a conference paper or a pitch deck can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.
Long programs, a fixed patent term
A US patent ends 20 years after the full application is filed, and a provisional's 12 months do not count toward that term. Programs that take years to certify often file improvements as the design changes, so protection keeps pace with the aircraft.
When does a patent expireForeign aircraft passing through
Using a patented invention on a foreign aircraft that is in the US only temporarily, for the aircraft's own needs, is not infringement when that country treats US aircraft the same way. Patents where competitors build and sell matter more than the airports they fly into.
Protecting an invention abroadGovernment money and export rules
Work funded by NASA or another federal agency usually carries a patent rights clause, and some aerospace technical data falls under export rules. Both shape who owns the invention and who can see it, and our defense page covers how they meet a patent filing.
Defense patents and contracts
General information, not legal, certification or export control advice. The rules that apply depend on your aircraft or spacecraft, your contracts and how the technology is classified for export.
[05]Related services
Services for aerospace companies.
One firm for the patent, the brand and the agreements around them.
- Utility patentsProtect how the aircraft or system works
- Provisional patents, covered by The RLG GuaranteePatent pending before the first public flight
- Design patents, covered by The RLG GuaranteeProtect how the aircraft or part looks
- Trademarks, covered by The RLG GuaranteeRegister the aircraft and company name
- PCT patentsProtect the design where competitors build
- Technology transfer agreementsMove technology between partners, labs and suppliers
- Non-disclosure agreementsShare with suppliers and test partners on your terms
- Patent litigationEnforce or defend an aerospace patent
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallCan aerospace technology be patented?
Yes. Aircraft, drones, spacecraft and the systems inside them are examined under the same rules as any other invention. A new structure, propulsion method, control system, material or way of making a part can be patented when it is new and not obvious over what already flies, which is why the work starts with a search.
When should an aerospace startup file a patent?
Before anything leaves your team without an NDA. A public test flight, an air show, a conference paper, a pitch deck or a supplier quote can make an invention public. The US gives inventors one year after their own disclosure, but most other countries require filing first, so a provisional keeps both options open.
Does FAA certification affect a patent?
They are separate. A patent decides who can make and sell the technology, and FAA certification decides whether it can operate commercially. Neither gives you the other. Because certification can take years and a patent's term runs from filing, many teams file early and add applications for improvements as the design changes.
Are inventions used in space covered by US patents?
Under US patent law, an invention made, used or sold in outer space on a space object under US jurisdiction or control is treated as made, used or sold in the United States. An object carried on another country's registry is outside that rule unless an agreement between the US and that country says otherwise.
Do foreign aircraft infringe a US patent when they fly here?
Usually not. Using a patented invention on a foreign aircraft that enters the US temporarily is not infringement if the invention serves only the aircraft's own needs and the aircraft's country gives US aircraft the same treatment. Selling the invention in the US, or using it to make things sold here, is not covered by that exception.
Utility patent or design patent for an aircraft part?
They protect different things. A utility patent protects how a part works or how it is made. A design patent protects how it looks, such as the shape of a drone body or a cabin seat. Many aerospace products are worth protecting both ways, and the search shows which is stronger for yours.
How much does an aerospace patent cost with your firm?
Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. A design patent is $3,200. Every fee is quoted before work begins, and the search fee is credited toward your application.
What does The RLG Guarantee cover for aerospace inventions?
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
Go deeper before you file.
Provisional Patent Application: The Fastest Way to Get Patent Pending
A provisional patent application is your gateway to the coveted ‘patent pending’ status, offering a crucial head start in the competitive world of innovation. By filing…
Patent PCT Filing to Protect Your Invention Globally
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Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection
One of the most common questions we encounter during our initial consultation is what type of patent application do I need? What are the differences between a design…
Patent Continuation: A Comprehensive Guide to Evolving Your Patent Protection
Whether you are considering filing or have already filed your patent application, it is crucial for inventors and startups alike to have a surface-level understanding of…
5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy
Explore 5 famous examples of trade secrets, from Coca-Cola to Google, and learn how to fit trade secrets into your IP strategy. Book a free IP strategy call.
[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“Andrew Rapacke and his team are exceptional. They did our provisional and non provisional patents. The entire team is professional and an ease to work with.”
Von DorjevskiFounder, Inguardia Health · Client review “I can safely trust them with scientific and legal integrity regarding ownership and accountability of inventions.”
Hussain AtherPatent · Client review “I am now patent pending and patiently awaiting approval on my patent application.”
Thomas AndrewsPatent application · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the design before it flies in public.
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