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Topic: Abandoned patents (Read 16922 times) |
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Rolf
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Hi,
you can also obtain free patent families with legal status information from IP Newsflash
www. ipnewsflash. com
to find out, where a certain idea is also protected.
Rolf
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KB
Newbie
Posts: 25
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Re: Abandoned patents
« Reply #11 on: Jan 30th, 2007, 5:23pm » |
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on Jun 26th, 2006, 6:58am, Wiscagent wrote:NV asked “How can I search for abandoned patents …”
All of the patent that were granted before 1989 have expired.
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This is not correct. Only patents granted before 1989 AND with an earliest priority date before 1987 (twenty years ago) have expired. Term is the longer of 17 years from issuance or 20 years from priority for all applications filed before June 8, 1995.
KB
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lilbigdog
Newbie
Posts: 3
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Re: Abandoned patents
« Reply #12 on: Feb 7th, 2007, 7:16am » |
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Say one is lucky enough to find an abandoned patent, expired for failure to pay maintenance fees.
Say this patent seems like one of those forehead-slapping "why didn't I think of that" sort of things (I guess every inventor thinks his idea is the cat's meow, but this one really seems really obvious!). LOL
What, if any assumptions could be made about the situation?
Perhaps it was not marketable? Or maybe it was simply not pursued efficiently through the licensing process?
And, since it was granted patent status previously, what does this mean for the chances of gaining patent status again (providing your most fervent (layman's) search turned up no competition)?
Looking for good news, but the truth is more important.
Thanks in advance.
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| « Last Edit: Feb 7th, 2007, 8:13am by lilbigdog » |
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Mei10e
Guest
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How would you go about acquiring an abandoned patent? Would the patent be reissued in your name? i am very new to this subject
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Wiscagent
Full Member
Posts: 843
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Re: Abandoned patents
« Reply #14 on: Feb 11th, 2007, 6:48pm » |
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Under US law, a patent can only be granted to a true inventor. If you first learned about the invention from a publication (including a patent) you can’t patent it.
While under some limited circumstances it is possible to revive an abandoned patent, generally once a patent has gone abandoned, it is in the public domain; and no one can have it reissued.
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Richard Tanzer
Patent Agent
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