Can I manufacture item patent #7694617B2 without infringement? It is currently Expired - Fee Related, with and adjusted expiration of 2028-12-03

1 Answer 1


Maybe - Your actions while it is in an expired state will not be infringement but it may be a short ride if the patent is revived. The owner can petition to revive it by paying the fee and penalties. They also need to state that all of the delay was unintentional. However there well may be other patent by the same inventor or someone else that cover whatever you might be planning to make.

It is a fallacy that there is a one to one correspondence between a patent and a product and also it is not true that a patent is permission to do something. It is a negative right to give you a tool to try to stop others from doing something.

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