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(Message started by: NV on Jun 26th, 2006, 5:23am)

Title: Abandoned patents
Post by NV on Jun 26th, 2006, 5:23am
Hi!

How can I search for abandoned patents using Assignee name on electronic databases [USPTO, Delphion and the like..].

Thanks in advance.

NV

Title: Re: Abandoned patents
Post by Wiscagent on Jun 26th, 2006, 6:58am
NV asked “How can I search for abandoned patents …”

Its not clear if you are asking about expired patents or abandoned patent applications; also I’m assuming that you are only concerned with US patents.  
If your interest is expired patents:
- i) search for patents that were granted before 1989; and
- ii) patents that were applied for after 1995 AND were issued before 2002.

All of the patent that were granted before 1989 have expired.
For the patents in group (ii) go to the USPTO “Patent Maintenance Fees” page, https://ramps.uspto.gov/eram/patentMaintFees.do .  If the fees are up to date, then the patent has not yet expired.  This method will NOT identify patents that have been ruled invalid or unenforceable.

If your interest is abandoned patent applications, search for published applications, then look up their status on the “Public PAIR” system at http://portal.uspto.gov/external/portal/pair .  Note that some patent applications go abandoned without ever having published.  Generally, the unpublished applications remain confidential.

Richard Tanzer

Title: Re: Abandoned patents
Post by NV on Jun 27th, 2006, 4:14am
In fact, I was looking for abandoned patents rather than expired ones.

Thank you for the info and the links.

NV

Title: Re: Abandoned patents
Post by Wiscagent on Jun 27th, 2006, 5:23am
What is an "abandoned patent"?

Title: Re: Abandoned patents
Post by Isaac on Jun 27th, 2006, 6:21am

on 06/27/06 at 05:23:00, Wiscagent wrote:
What is an "abandoned patent"?


I'm guessing he means patents where the maintenance fees have not been paid.

Title: Re: Abandoned patents
Post by JZ on Sep 9th, 2006, 3:51am
Can I ask why 1995-2002 time frame is chosen to see the patent maintenance?

Thanks!

Title: Re: Abandoned patents
Post by JimIvey on Sep 9th, 2006, 8:55am

on 09/09/06 at 03:51:48, JZ wrote:
Can I ask why 1995-2002 time frame is chosen to see the patent maintenance?

I'll take a W.A.G. (Wild-A**-Guess):  2002 is the later limit because the first maintenance fee is due at 4 years from issue.  This is 2006; so, the most recently issued patents for which maintenance fees would be due would have issued in 2002.  1995 is probably as far back as digital records are readily available for that sort of information.

How'd I do?

Regards.

Title: Re: Abandoned patents
Post by Wiscagent on Sep 9th, 2006, 11:31am
Yes, Jim.  Any US patent granted after 2002 has not yet required payment of a maintenance fee.

The 1995 date was not correct.  I should have written 1989 – 2002.  All patents granted before 1989 have already expired, so maintenance fees are irrelevant.

By the way, the US first required maintenance fees for patents granted after Dec.12, 1980.  

Here’s an interesting observation.  In the very unlikely event that a patent is granted with all claims based on a priority date of 16 years earlier, no maintenance fee would be required.  The patent would simply expire after four years.

Title: Re: Abandoned patents
Post by JZ on Sep 16th, 2006, 5:34pm
Hi, Jim and Richard:

Thanks much for your quick response and detailed explantion.

Your input is very helpful.

Regards,
JZ

Title: Re: Abandoned patents
Post by Rolf on Sep 18th, 2006, 11:38pm
Hi,

you can also obtain free patent families with legal status information from

www. ipnewsflash. com

to find out, where a certain idea is also protected.

Rolf

Title: Re: Abandoned patents
Post by Rolf on Sep 18th, 2006, 11:38pm
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

Title: Re: Abandoned patents
Post by KB on Jan 30th, 2007, 5:23pm

on 06/26/06 at 06:58:03, Wiscagent wrote:
NV asked “How can I search for abandoned patents …”



All of the patent that were granted before 1989 have expired.


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

Title: Re: Abandoned patents
Post by lilbigdog on Feb 7th, 2007, 7:16am
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.

Title: Re: Abandoned patents
Post by Mei10e on Feb 11th, 2007, 2:27pm
How would you go about acquiring an abandoned patent? Would the patent be reissued in your name? i am very new to this subject

Title: Re: Abandoned patents
Post by Wiscagent on Feb 11th, 2007, 6:48pm
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.

Title: Re: Abandoned patents
Post by Isaac on Feb 12th, 2007, 8:43am

on 02/11/07 at 14:27:08, Mei10e wrote:
How would you go about acquiring an abandoned patent? Would the patent be reissued in your name? i am very new to this subject


If you are referring to a patents for which the owner has not paid the maintenance fees, there is no right to obtain the patent other than from the current owner, and you don't get any extra time to pay the fees beyond which the current owner also gets.   That would seem to leave a very limited window for acquiring rights.




Title: Re: Abandoned patents
Post by lilbigdog on Mar 27th, 2007, 7:56pm
Thanks very much.

It looks like my idea might be an improvement over the existing patent anyway.  Whether the improvement is patentable or not remains to be seen, but it seems pretty "obvious" to me.   ;)

Title: Re: Abandoned patents
Post by biopico on Sep 9th, 2007, 2:07pm

on 03/27/07 at 19:56:38, lilbigdog wrote:
Thanks very much.

It looks like my idea might be an improvement over the existing patent anyway.  Whether the improvement is patentable or not remains to be seen, but it seems pretty "obvious" to me.   ;)


Well, it should be determined on a case by case. Maybe wisely not obvious or obvious?

Title: Re: Abandoned patents
Post by asdf on Dec 18th, 2007, 7:02pm

Quote:
Here’s an interesting observation.  In the very unlikely event that a patent is granted with all claims based on a priority date of 16 years earlier, no maintenance fee would be required.  The patent would simply expire after four years.

Wouldn't they be eligible for patent term extension due to the long prosecution?



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