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   AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAINT. F
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   Author  Topic: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAINT. F  (Read 6488 times)
LNORRELL
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AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAINT. F
« on: Mar 18th, 2004, 6:45am »
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WHAT IS THE PROCEEDURE FOR AQUIRING A PATENT THAT HAS EXPIRED DUE TO NON PAYMENT OF MAINT. FEES ?
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eric stasik
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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #1 on: Mar 18th, 2004, 7:23am »
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Dear LNORRELL,
 
I'm not sure I understand your question. A patent which has expired due to non-payment of maintenence fees falls into the public domain. No one can own it.  
 
There are, however, ways for a patent owner to recover a patent which has lapsed due to unintentional failure to pay maintenance fees, but these are specific to your country and circumstances.  
 
Regards,
 
Eric Stasik
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LNORRELL
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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #2 on: Mar 18th, 2004, 7:52am »
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REF: AQUIRING EXPIRED  PATENT DUE TO NON-PAYMENT OF MAINT. FEES.
MY UNDERSTANDING THAT THIS MAFUFACTURE OF THIS PRODUCT IS PRODUCING ON ORDER BASIS BUT DOES NOT HAVE THE CAPITAL TO PAY MAINTANCE FEES PAST DUE THE EXTENTED 6MOS LIMITAND PRESUME IT IS IN PUBLIC DOMAIN AT THIS TIME. .    AS A DEALER OF THIS PRODUCT WOULD LIKE TO CONSIDER REPRODUCING THIS PRODUCT IF THEY COULD NO LONGER STAY IN BUSINESS. (REF:CAPITAL CASH FLOW)
THEIR DESIGNS ARE AVAILABLE, ETC. AND I WOULDN'T WANT TO CLOSE DOWN DUE TO THEIR FINANCIAL PROBLEMS. COULD I COPY THEIR DESIGN AND RESUBMIT
THEIR DESIGN FOR A PATENT OF MY OWN. NO OTHER PATENTS ARE OUT THEIR TO COVER THEIR PRODUCT IN ANY WAY AT THIS TIME.
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M. Arthur Auslander
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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #3 on: Mar 18th, 2004, 9:46am »
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Dear LNORRELL,
If the time to pay the maintance fee CANNOT  be extended then the rights are in the public domain, as I understand it and you and the world can use the invention.
 
If the rights are revivable, you may be able to obtain an assignment of the application and revive and pay the maintanence fee.
 
As a practical matter, and a forum is not the place for this discussion, the whole picture should  be reviewed in term of what you want and how best to acheive your desired end. Our Reality Check® looks for what seems best for you in terms of your needs.
« Last Edit: Mar 18th, 2004, 9:48am by M. Arthur Auslander » IP Logged

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Re: AQUIRING AN EXPIRED PATENT-NON PAYMENT OF MAIN
« Reply #4 on: Mar 18th, 2004, 11:26am »
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Mr. Auslander is correct.  The only way to get the patent is to get it from the current owner while you can still pay the maintenance fee (during the 6-month late period) or can still revive the case.  Of course, you can only revive the case if the non-payment of maintenance fees was unavoidable or the entire period of delay was unintentional.  If the prior owner intentionally withheld the maintenance fee, there's not much you can do -- the owner has no rights to sell or give to you.
 
Mr. Auslander is also correct that the specifics of how to do this for a particular patent with a particular owner ought to be addressed in a more private setting than this forum.  However, the general inquiry as to how this sort of thing is done is perfectly appropriate for this forum.
 
Lastly, your last post evidenced a popular misconception regarding patents.  It's not like a claim to real property (land) that you can just get from someone after their interest has expired.  Patents are given in exchange for adding to the public knowledge.  Once the patent expires (either at completion of its term or for failure to pay maintenance fees), the subject matter of the patent is already public knowledge and a new patent will not be given for the same subject matter.  If you want a new patent, you have to add something else to the public knowledge (disclose something new and non-obvious).
 
So you can't get a patent just because an earlier patent on the same subject matter has expired.
 
To add a little confusion here, it does work that way for trademarks.  You can swoop in and get a trademark that has been abandoned by somebody else.
 
Regards.
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