When the right expires mid-term: what to do first
When an intellectual property right lapses while a licence is still running, the licence does not automatically survive it. Stop relying on the licence's remaining term, check whether the underlying registration is still valid, and notify the licensor in writing before taking any further step that assumes the right still exists.
Which right is running out, and under what regime
A licence is only as strong as the right it sits on. Trade marks, patents and certain database rights are defined for a set term, and each is renewed or maintained under its own regime.
| Right | Governing act | What lapses with it |
|---|---|---|
| EU trade mark | Regulation (EU) 2017/1001 (EUTMR) | The registration and any licence recorded against it |
| Unitary patent | Regulation (EU) No 1257/2012 | Unitary protection and any licence granted under it |
| Database right | Directive 96/9/EC | The sui generis right and any dependent licence |
None of these acts sets out how a private licence contract should react to expiry. That is a matter for the licence text itself and for the renewal procedure the relevant office runs.
The same lapse logic applies outside patents and trade marks. When a marketplace delists the collection in practice, a licence tied to a registry entry collapses the same way once that entry disappears.
What changes once the underlying right lapses
Exclusivity built into the licence disappears with the right it was carved out of. Third parties can start using the mark, the patented process or the database without infringing anything, because there is nothing left to infringe. Sub-licences granted downstream fall away with the head licence, and any royalty owed for the period after expiry becomes disputable rather than automatically due.
Renewal duty typically sits with whoever is named as the applicant or proprietor of record, and that is not always the contracting party in the licence. If a group company holds the registration instead of the licensor you signed with, read What to do first in this situation and its knock-on effects before assuming who was meant to renew.
What to do, in order
- Confirm the expiry date and current status directly in the relevant register, not from the wording of the licence. Owner: IP counsel.
- Notify the licensor and every known sub-licensee in writing that the underlying right may have lapsed. Owner: licensee's legal team.
- Freeze any royalty payment tied specifically to the lapsed right until status is confirmed. Owner: finance.
- Check the licence agreement for a renewal, step-in or termination clause, and trigger the one that applies. Owner: contract manager.
- File a renewal or restoration request with the competent office if the window is still open. Owner: registered representative.
- Record the outcome in the licence file and update every sub-licence in the chain accordingly. Owner: records officer.
Who decides, and by when
The competent registry office decides whether the right can be renewed or restored, and it does so against its own published procedure, not against the wording of your licence. For an EU trade mark that office is EUIPO; for a unitary patent it is the EPO acting under the unitary regime. Disputes about what the licence itself now means, or about unpaid royalties, go to whichever court or arbitral body the licence names, not to the registry.
Three branches, three different paths
- Lapsed for non-renewal, window still open: restoration through the registry is usually the fastest route back to the licence's original scope.
- Lapsed because a challenge succeeded: cancellation or revocation cannot be undone by renewal. Renegotiation of the licence, or its termination, becomes the only route.
- Ownership of the underlying right was never settled: expiry is the symptom, not the cause. See When a founder leaves with the prototype: what it costs when no assignment was ever signed, and close that gap before touching the renewal itself.
What this page does not resolve
This page does not calculate a specific renewal fee, does not draft a restoration filing, and does not replace a review of your actual licence wording. Response times for that kind of review are tracked separately in Delivery statistics, published automatically and its limits, not on this page.
Verified
Verified on 6 October 2025 against: Regulation (EU) 2017/1001 (EUTMR); Regulation (EU) No 1257/2012; Directive 96/9/EC. Where a figure or article number is not listed here, it is not part of this page's basis.
Related situations
A related situation, A distributor claims an implied licence IP licence, covers scope disputes that surface during the term rather than at its end.
FAQ
What is the first step when the right expires mid-term?
Check the register directly. The licence text tells you what was agreed, not whether the right behind it is still alive.
Which deadline is already running?
Whichever renewal or restoration window the competent office applies to that specific right. It starts from the office's own record of expiry, not from the licence's renewal clause.
Who decides, and on what evidence?
The registry office decides renewal and restoration, on the basis of its own file. A court or arbitral body decides what the licence now means, on the basis of the contract and the parties' conduct after expiry.