Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

New registrations are now permitted.

Author Topic: re-patenting an expired patent(2)  (Read 6822 times)

MrClean

  • Newbie
  • *
  • Posts: 1
    • View Profile
re-patenting an expired patent(2)
« on: 06-04-07 at 06:50 am »

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
Logged

TataBox

  • Senior Member
  • ****
  • Posts: 697
    • View Profile
Re: re-patenting an expired patent(2)
« Reply #1 on: 06-04-07 at 08:07 am »

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

Regards,

Logged

CriterionD

  • Senior Member
  • ****
  • Posts: 360
    • View Profile
    • Email
Re: re-patenting an expired patent(2)
« Reply #2 on: 06-04-07 at 02:28 pm »

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

Bikramjitsingh

  • Junior Member
  • **
  • Posts: 18
    • View Profile
    • Email
Re: re-patenting an expired patent(2)
« Reply #3 on: 11-26-08 at 06:16 am »


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



Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.104 seconds with 20 queries.