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Re: aquiring an expired patent


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Posted by Ned Ericson on August 05, 2001 at 10:40:16:

In Reply to: aquiring an expired patent posted by moses ramirez on August 03, 2001 at 19:35:55:

: I would like to aquire a patent that has recently expired (2 months ago)by purchasing it or by a legal process. I have not approached the owner of the patent, who is a large corporation. What is your advise. Second, can I use the expired patent ideas without being sued? I thank you in advance.

It depends on what you mean by "expired".

If the patent came to the end of its full term (most likely its 17-year term), then the rights that come with the patent are over, dead, nada. There's nothing left to acquire or buy. You or anyone else are free to use the invention (as to that patent).

But there may be other patents out there that cover the invention. So be careful to consult an attorney against the possibility of being sideswiped by a patent that you didn't know about. A clearance search can help you do this.

If the patent "lapsed" because the owner didn't pay one of the 3 maintenance fees that are periodically due, then it's possible you could work out an arrangement to have the patent revived and assigned to you.

Something that you're probably not thinking about it the ability to buy rights from the corporation to sue others for infringement that occurred while the patent was still in force, even though the patent has now expired. That's too complicated to address here.




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