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   re-patenting an expired patent(2)
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   Author  Topic: re-patenting an expired patent(2)  (Read 944 times)
MrClean
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re-patenting an expired patent(2)
« on: Jun 4th, 2007, 7:50am »
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Hello everyone,
I have developed an idea for a rotary engine. However, with my huge disappointment, I have found out that the same design was patented about 25 years ago.
To my knowledge, no evidence of a working prototype does exist. Indeed, it could be a never-translated to practice design.
I would like to know: is the design re-patentable if I would be able to make a working prototype?
 
Thank you, MrClean
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TataBoxInhibitor
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Re: re-patenting an expired patent(2)
« Reply #1 on: Jun 4th, 2007, 9:07am »
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No.  If the "same" design was patented or published 25 years ago.  There is no distinction between the two?
 
Regards,
 
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CriterionD
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Re: re-patenting an expired patent(2)
« Reply #2 on: Jun 4th, 2007, 3:28pm »
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It doesn't necessarily matter whether it was translated to practice, but moreso whether the patent disclosure was sufficient enough to enable practice.
 
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www.criteriondynamics.com
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