status of this patent reads: Expired for non-payment on 10/20/2006......Does the owner stilll have ownership or can anyone from the public claim the patent? Can I, for example, pay the maintenance fee and claim the patent.
should I contact the lawyer of record?
2007-02-09 13:27:34 · 4 answers · asked by libertyproject 2 in Business & Finance ➔ Other - Business & Finance
Wow! These two early responses are about the worst, misinformed and irresponsible patent answers I've seen yet. It demonstrates where communities can go bad.
While the USPTO is pleased to accept the payment from anyone, it only benefits the patent's owner. There are no march-in rights, and no right to re-file for the same thing.
Once the patent has expired due to non-payment of MF, I don't think anyone but the owner has the right to petition the USPTO to revive the patent and accept late payment of the maintenance fees.
In your case, you might be able to do it in cooperation with the owner, but now you will likely have to shell out quite a bit more dough.
Note, too, that since expiration due to failure to pay MF is recoverable, an infringer probably shouldn't just ignore the patent. This is complex stuff.
Good question! -Steve
2007-02-09 15:33:14 · answer #1 · answered by Steven S 2 · 2⤊ 0⤋
If the patent has expired then you can pay the maintenance and take over ownership. However, I would have a patent attorney check to be sure it is clear. You do not have to contact the lawyer of record, any good patent attorney can do it.
Another route is to start producing or making what the patent covered and pay no maintenance fees. Because it is now in the public domain the idea is no longer protected so anyone is free to do it or produce it. So you can make it but so can everyone else. If your intent is to protect the idea from others then you need to pay. You can also apply for an improved version of the old patent.
Oh, I'm not a patent attorney but deal with them all the time.
Good Luck
2007-02-09 13:52:57 · answer #2 · answered by dennisdl 1 · 0⤊ 1⤋
Yes you can Apply to the patents office with the patent number get them to look it up and ask to pay the updated and outstanding fees and have it transferred to your name. There are many people who do this and make a lot of money from it.
Copyright is another avenue, remember Michael Jackson bought the rights to the Beatles music? He also owns several other patents that expired and he now has them being produced under his own separate company name.
2007-02-09 13:33:15 · answer #3 · answered by Shelty K 5 · 0⤊ 1⤋
No, the information is already interior the favourite public area. you are able to invent a matching, non-obtrusive gadget nonetheless, subject to each and all the often used policies approximately what's patentable and what no longer. Be particularly in contact "approximately earlier artwork", which will invalidate a patent in a heartbeat :) Edit: Patents are no longer renewable. Nor are theythe purely thank you to guard psychological sources. commerce secrets and techniques artwork surprisingly lots too, and that they by no potential expire while you're making suitable efforts to maintain it secret. think of KFC spices :)
2016-11-03 00:54:18 · answer #4 · answered by ? 4 · 0⤊ 0⤋