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(Message started by: MrClean on Jun 4^th, 2007, 7:50am)

Title: re-patenting an expired patent(2)
Post by MrClean on Jun 4^th, 2007, 7:50am

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

Title: Re: re-patenting an expired patent(2)
Post by TataBoxInhibitor on Jun 4^th, 2007, 9:07am

No. If the "same" design was patented or published 25 years ago. There is no distinction between the two?

Regards,

Title: Re: re-patenting an expired patent(2)
Post by CriterionD on Jun 4^th, 2007, 3:28pm

It doesn't necessarily matter whether it was translated to practice, but moreso whether the patent disclosure was sufficient enough to enable practice.