8

Two or three issues involved with this. A patent that expired due to non-payment of maintance fee can be revived by petition as either unintentional or unavoidable. Unintentional has a two-year limit and unavoidable is very hard to establish. Only the patent owner can file these, not just anyone who comes along. Even if revived there are intervening rights (...


5

Lapsed patents are patents that expired because the maintenance fee was not paid in due time. Maintenance fees on US patents are due 3.5, 7.5 and 11.5 years after grant of the patent (in many other countries, they are due every year and are called annuities). US patents maintenance fees cannot be paid more than 6 months before the due date. They can be paid ...


4

A patent has a term of twenty years from the date of its first filing. It should be noted that once these twenty years are over, a patent is no longer in force. However, there are certain scenarios where a patent has "lapsed" or "ceased to have effect" or “expired” even before its 20 years term, due to non-payment of annuity/maintenance fee associated with ...


3

Term of a patent is 20 years from the date on which the application for the patent was filed at the US Patent Office. Continuing Patent Applications (continuation, CIP and divisional) claim benefit from the earlier filed non provisional application (parent application). The term of any patent issuing from a continuation, CIP or divisional application is 20 ...


2

EDIT The PLT has made parts of my answer no longer the state of the law . A patent that has expired due to non-payment of maintenance fees can theoretically be revived by its owner by petition to the USPTO. The grounds are "unavoidable" and "unintentional". The criteria for establishing that it was unavoidable are a high bar: (from 37 C.F.R. 1.378 ) 3) ...


2

In general, the owner would need to petition the USPTO to allow payment of the maintenance fee late on the grounds of "unavoidable" delay. An alternate reason, "unintentional" delay is easier but cannot be used after two years. In this specific case, the patent would have normally expired in 2012 anyway.


2

It is important to remember that a patent does not give anybody the right to do what the patent covers. For example, if I had a patent on a more effective delivery system for MDMA or LSD, having a patent doesn't change the fact that those drugs are considered Schedule 1 and illegal under almost every circumstance -- meaning that my delivery system couldn't ...


2

If you're sure that the patent has really expired, then the specific invention in the patent is no longer patent-protected, so the patent holder can't sue over it. However, make sure of this, because figuring out when a patent has really expired can be complicated. Additionally, keep in mind that patents can overlap, which means that even if that one ...


2

Copyright is not applicable, so I am assuming you mean "enforceable". The patent in question has a Filing Date of May 20, 1959, a grant date of April 25, 1961, and is a continuation from an application with a Priority Date of May 2, 1957. The patent, and its claims and subject matter have been in the Public Domain since April 25, 1978.


2

Short answer is no. Long answer is possible based on novelty and inventive step. It sounds like you need to spend $500-$3k and ask a patent agent or attorney to review your technology and your prior art search. If you don't want to shell out the cash, here's what you can do yourself for free: Information gathering phase: Read the specification carefully. ...


2

Interestingly, the cover sheet for this patent is missing, which contains most of the pertinent information for calculating the expiration date of a patent. However, from checking the information available on Google Patents against the content of the grant, we can calculate the expiration date using the following information: Publication date: May 17, 1977 (...


2

This patent has been expired since 1927, and since then it has been freely available for anyone to manufacture and sell. If by "claim", you mean a patent model (miniature model of the invention), those were only required until 1880, so there is no actual physical device stored anywhere, just the paperwork (if the originals still exist). The scanned PDF on ...


2

It really depends on whether your similar idea has new, non-obvious idea as part of it. If so, you might be able to get patent coverage for the new and presumably improved part. What is covered by the expired patent is available to be used by anyone without licensing and your new patent wouldn't change that. You should, however, perform a search of similar ...


2

The basic requirements for a patent is that the idea be useful, novel and non-obvious. If someone has already patented an idea, then you can't re-patent it because it would not be novel since someone else already thought of it. This goes to the fundamental deal with patents. In return to teaching the world about your idea, you get a limited period of ...


2

You can petition for acceptance of a late payment - from the USPTO web site - A petition related to acceptance of delayed payment of a maintenance fee after expiration of the patent based on unintentional delay under 35 U.S.C. 41(c) and 37 CFR 1.378 (b) must be accompanied by: a statement that the delay was unintentional; payment of the appropriate ...


1

It would be best if you were to list the actual patent number so we could check your interpretation. That said, if it is a Japanese patent and there is no US equivalent then it should not impact your ability to market a product in the US assuming you aren't manufacturing in Japan. It doesn't matter whether the Japanese patent has expired or not as patents ...


1

When a European patent application is in order for grant, it may be opposed within 9 months by any person (EPC art 99). This is initiated by another person filing a notice of opposition. Consequently, if no notice of opposition is filed within the 9 months, the event "no opposition filed within time limit" occurs. It does not mean that the patents have ...


1

The patent was pre-AIA, and therefore the best-case scenario is that it expired 17 years after issue. Therefore, as of Dec. 29, 2015, the patent is irretrievably in the public domain.


1

Jeff, it is a patent application, not a granted patent. The persistent identifier is: lens.org/134-360-901-561-277. Checking in its legal status, it is dead.


1

Although this patent was expired by 1950 and is entirely in the public domain, it still affects the modern patent landscape by serving as prior art for new applications, as these citations from recent patents suggest (see the "Referenced By" section in Google Patents): Citing Patent Filing date Publication date Applicant Title ...


1

Assuming this is the patent you are talking about: https://patents.google.com/patent/US1808692A/en to Earl W. Sudduth This patent is long expired and is now public domain, so it does not have any enforceable rights, unfortunately. (Also, there is no way to revive or extend the term of this patent).


1

For a patent that old, you will probably be able to find the information in the Official Gazette of the United States Patent Office. Look for "Abram N Pasman, assignor to" in association with the patent number and title, "2,038,852 Sink strainer". There is no guarantee that the invention was ever manufactured and sold, but the assignor is the place to start....


1

There are several important considerations regarding the validity of this patent. First, the patent is already expired (it was granted from July 1, 1980 to July 1, 1997). However, I think this is an interesting case for several other reasons, so let’s ignore the expiration date for the remainder of this answer. The bacterial names cited in this patent must ...


1

Application has been deemed withdrawn since 2004 according to EP Register: https://register.epo.org/application?lng=en&number=EP00300235


1

In order to answer your question, you will need to examine the claims. Most of the claims are detectors and substances, but there are two method claims, shown in full below: I claim: A carbon monoxide detector substance ... A detector that ... A carbon monoxide detector ... A detector which ... A detector which ... A non-accumulative and ...


1

Unpaid maintenance fees expire the patent I believe. http://www.uspto.gov/web/offices/pac/mpep/s2501.html "Unless payment of the applicable maintenance fee is received in the United States Patent and Trademark Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent will expire as of the end of such grace ...


1

See patents are territorial rights means country by country basis. In US transition rule of 17 years after grant gave some patent extra protection beyond 20 years which created lot much of doubt in inventors. Yes CA2128634 has expired in canada. please check Canadian patent office register:- LINK PCT application is just a window for extra time entry to ...


1

Ok first thing First all patents except US6,123,332 have expired for non-payment. I have to dig more for your next question about parent expiry affecting child expiry with respect to maintenance fee. though i doubt that happens NOW to main question in US patents wherein Parent child relation exist generally a terminal disclaimer is seen. If parent patent ...


1

If a patent is no longer in force due to its owner unintentionally missing a maintenance payment the owner can petition for its revival. If it expired at the end of its term it is done. If you are a third party looking to take over a lapsed patent that you had nothing to do with, then it is a very big no.


1

No, unfortunately once a patent has expired, that's the end of it. The philosophy behind patenting something is that in exchange for sharing your invention with the world, the government will give you the ability to stop others from making it for those twenty years. So if they let you extend it more and more, that wouldn't fit to that particularly well. ...


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