The short answer is "no". More particularly, once a patent expires by exceeding patent term, or by failure to maintain its enforceability by paying any one of the three maintenance fees required during patent term, the subject matter disclosed in the patent is dedicated to the public and others are free from the threat of infringement litigation with regard to that particular patent. Because patents are public documents, and therefore "prior art" to other inventors that may subsequently file patent applications, no one can "re-file" a patent on exactly the same subject matter as disclosed in any existing patent, expired or otherwise, not even the original inventor. This is because any valid patent must be novel and nonobvious over the prior art. The prior expired patent prevents others from subsequently obtaining a patent for exactly the same invention which is already public knowledge, or "disclosed in the prior art". Thus, any attempt to refile a patent on the same subject matter would be rejected for lack of novelty. Regarding the current product that was formerly covered by the now expired patent, others may now copy, make, use and sell identical products assuming no other patent has claims that read on the "product". Again assuming no one else has a patent that covers your product, you are free to continue making, using and selling your product, but you may have new competitors that you cannot stop from copying. As always, you should consult a registered patent attorney to discuss the particular facts relating to your situation for a more complete analysis of your legal rights and obligations.
Answered on Jan 18th, 2013 at 10:42 PM