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   re-patenting an expired patent
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M. Arthur Auslander
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Re: re-patenting an expired patent
« Reply #5 on: Mar 20th, 2004, 7:35am »
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Dear Westdene,
 
You can see my prior answers to your posts. It is my belief that it is easy to get a patent, it is not easy to have a patent earn.  
 
What is more and I have posted this before, One of the very best patents I have ever gotten, and for a personal freind, was rejected by a Large Company, who afterward got a $50,000,000 industrial prize for someting not as good and not infringing that particular patent.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
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westdene
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Re: re-patenting an expired patent
« Reply #6 on: Mar 24th, 2004, 11:35am »
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Dear Arthur:
     Im not a patent expert, but Im in my way to becoming one (several years from now). If a company rejected a patent and they got some profit out of something that is similar and is not infringing in any way, I see the merit on this company to use the original patent (your friend's) as a starting point in getting something (of lower or higher quality depends on the point of view) that make them earn money with out even have to pay a dime to no one.
 
On the other hand, maybe you could have previewed any modification by filing a broaden claim, where maybe this modification the company made could  be included in your friend's patent.
 
I don't believe in filing everything that looks like an invention before the eyes of the client. I believe in suggesting a prior art search, so the client can have an idea of where his "invention" is standing. Most of the clients, if not all, believes that if something is not in the market surely wasnt invented. Wink
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M. Arthur Auslander
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Re: re-patenting an expired patent
« Reply #7 on: Mar 26th, 2004, 5:09am »
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Dear Westdene,
 
There are many dislcosures  that on their face are not even worthy of even a patent search.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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Olive Cunningham
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Re: re-patenting an expired patent
« Reply #8 on: Oct 2nd, 2005, 8:53pm »
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on Mar 18th, 2004, 11:55am, westdene wrote:
IMHO you cannot pretend to have a granted patent about some technology already disclosed several years ago, just because you have made minimun changes like the material of the casing or the use of newly developed drilling tools. Neither you would get a granted patent for the mere fact of combining old technology with new technology, unless the result is unexpected or non obviuos by any skilled in the art.  I believe that making a wired device into a wireless device is an obvious result by any skilled in the art. So unless you make some techincal changes, like for example change the internal machine in a way that no ordinary skilled in the art can do, I wouldnt be filing a patent. Now, you are not banned from filing a patent about obvious technology if you need an application just to comply with some economical contract, but I wouldnt suggest that either, because the other part would analize the application before even paying you a dime.

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Stu
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Re: re-patenting an expired patent
« Reply #9 on: Apr 24th, 2006, 10:30pm »
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I have a similar problem. I have a major improvement in a device that was patented in 1981 in the USA. It involves a solar energy system. The original concept is actually being used in a few places now, but the efficiency is very low. I've got a design that raises the efficiency enormously, although still based on the original design concept. Being that this device has been in production by persons employed in the field, but my improvements have not been incorporated, I believe I can claim that the changes are nonobvious. But that's just my opinion
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