QUESTION

Can I re-apply for the same patent after it expires? How?

Asked on Jun 09th, 2015 on Patents - Michigan
More details to this question:
I have a design patent that will expire next year. Can I re-apply for the same patent?
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5 ANSWERS

Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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That would be a no.
Answered on Aug 28th, 2015 at 8:12 PM

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That would be a no.
Answered on Aug 28th, 2015 at 8:11 PM

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Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
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A U.S. Patent is a contract between the government and the inventor. The government grants to the inventor a limited monopoly, that is, the right to exclude all others from making, using, or selling the invention within the U.S. during the patent term. In exchange, the inventor gives the public a full and complete disclosure of the invention with a teaching of the design of the invention. The term of a Design Patent is 14 years from the date that the Patent Issues. Once the Patent expires, the invention enters the public domain and can be used by anyone. If you have made any improvements to the design, you can file for a Design Application for the improvements, but you will not be able to prevent another from using the old design.
Answered on Jul 27th, 2015 at 2:36 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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No. Patents are only good for a specific length of time. After that anyone can use the design. However, you might want to see if your design now qualifies as a trademark. Trademark protection lasts as long as the owner continuously uses it in commerce.
Answered on Jul 27th, 2015 at 2:36 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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NO. Once the patent expires - it enters the public domain - free for all to make, use and sell. Your design will expire 14 years after the patent was granted. The exact same invention cannot be re-patented. Also - a modified version will need to be not-obvious over your previous invention.
Answered on Jul 27th, 2015 at 2:36 PM

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