How long does a patent last?
Utility patents have a life span of 20 years from the earliest filing date of a non-provisional application. Plant and design patents have a life span of 14 years. With the exception of some pharmaceutical patents, only a special act of Congress can extend a patent beyond its term. Utility patents may expire before their term if their owners do not pay the maintenance fees due 3.5, 7.5, and 11.5 years into the term.
How long does a trademark last?
If the mark was registered prior to November 16, 1989 the time before renewal is 20 years.
If the mark was registered after November 16, 1989 the time prior to renewal is 10 years.
Trademarks can be registered indefinitely, and some are over 100 years old. The only criteria are that the owner must continue to pay renewal fees every 10 years and must continue to use the mark in commerce. The USPTO will presume a mark is abandoned if it is not used for two years.
Assuming Merck kept renewing the patent...they probably do still hold the patent.
Granted, there is significant illegal competition for the production of the product...they still are legally in control of its design.
God willing, MDMA will be re-legalized soon and then we can purchase it over the counter with a pretty little label on it.
I do find it funny that as of right now, thousands of people shoot at each other for control over the trade of a product called "Ecstasy".
