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[MrClean]

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

[TataBox]

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

Regards,

[CriterionD]

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

[Bikramjitsingh]

If the patent is already expired, then it means it is available for public use.

No patent can be re - patented, if he has completed his full life (20 years).  Patents expired due to non - payment of fees is an exception.

Thanks