QUESTION

Can an expired patent's design be used again by a family member?

Asked on Oct 25th, 2014 on Patents - Utah
More details to this question:
If a 15 year old expired patent's oval design entailed the actual faces of the 3 previous patent owners within it, could the patent be obtained by a family member of one of the 3 men and be utilized in the very same manner in which it was 20 years ago? As the oval patent was the center of the label on the product being sold? Also, would the previous owners have to be legally notified of said intentions and/or be required to sign a legal document relinquishing themselves from having any/all rights to any future profits earned by the new patent holder? I'm starting a new company and I need to find 2 patent lawyers whose advice mimic each other.
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1 ANSWER

Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You cannot renew patents like that. If it were a trademark, you might be able to renew it. Based on your description, I don't think it was a patent.
Answered on Oct 27th, 2014 at 8:11 PM

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