My patent expired some years back. I was not knowledgeable as to how to market it back then. Could I create a new version of it and patent that? I know I could easily market it, as is, on Youtube now. It is very easy to rip off though. I had paid its maintenance dues through the years, and it expired because of the 17 year life of the patent protection.


You can patent a new and improved version of your original patent if the novel claims are not obvious from your prior patent and the other prior art.

  • But please note that the original invention -- the one that your expired patent covered -- is now in the public domain, and you no longer have the right to stop others from making, selling, or using anything that was covered by that disclosure. As Kevin stated, a new and improved version may still be patent eligible.
    – user4545
    Jul 4 '14 at 14:21

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