QUESTION
wHEN DOES A PATENT ON A PRODUCT EXPIRE IF NOT RENEWED?
Asked on May 20th, 2013 on Patents - Missouri
More details to this question:
a FISHING LURE (SOFT PLASTIC) i HAVE USED IS NO LONGER IN PRODUCTION. i HAVE THE PATENT NUMBER ON THE ORIGINAL WHICH WAS FILED IN 1988... iTS NOT BEEN RENEWED AS i CAN SEE ANYWHERE. cAN i TAKE OWNERSHIP SINCE THE COMPANY IS GONE ANDNO LONGER EXISTS, BEGIN TO MANUFDACTURE AND POSSIBLY REPATENT AND TRADEMARK THE LURE AND A NAME.
1 ANSWER
First of all, patents cannot be renewed and the subject matter of an expired patent cannot be "re-patented". The term of most patents is 20 years from the filing date, but there are various factors that can change that. If you have a particular patent that you are concerned about, you shoudl consult a patent attorney who can determin if the patent is still in effect, and if it is, can determine when it will expire. However, given that the patent you mention was filed in 1988, it is very highly likely that it has expired, in which case you would be free to manufacture the lure that was covered by the patent. As for the trademark, if it has been abandoned, you would be able to register it in your name.
Answered on May 21st, 2013 at 3:14 PM