Can a patent a product if someone has this patent but never used it?
I have an idea for an invention that I would like to patent and then eventually make that product. However, when I searched on the US Patent website, there is an individual who has already patented this idea in 1997 (filed 1995). I have the following questions: 1. I read somewhere that it is okay to re-patent the design if it has been 14 years. Is this true? 2. I have searched and not seen this product anywhere in stores or online. Is it okay to contact this person to transfer/sell the patent over to me? Is that possible? What is licensing? 4. Can I add another feature to the design and then patent it as mine? Or am I violating that person's patent/idea? 5. If that product that I thought of is being used in a another country for a different purpose. Can I still patent and sell it? For example, if it's a revolving toothbrush (which is a patented and well known product) but my idea is having a revolving cleaning supply instead. Is that legal? 6. Now referring back to the individual who has patented the idea in 1997. What if I change the shape and design but the function and purpose of the product is still the same? 7. What are your fees?
Answered By: Intellectual Property Center, LLC
You ask some great questions. I would suggest contacting an attorney for the specific answers to your situation, but I have provided general answers to your questions below. Good luck. 1. No different patents last for different periods of time. I can't answer when the patent expires without additional information. 2. This is a free country. You can always call someone to discuss a potential business opportunity, unless there is a court order against you. If you have done the research and want to call them, go ahead. If they tell you to buzz off, that is there right also. But anything you tell them is free and open for their consideration. Take the time in advance to think about what you are going to discuss with them. 3. 4. I can't answer this without more information. 5. Probably not. A prior patent or use anywhere is a bar against patenting in the US. 6. I can't answer this without more information. 7. Depends on what you would have us do. Good Luck.
Answer Applies to: Kansas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark S. Hubert PC
Most of your questions can be answered simply by saying - the other person owns the patent rights. It does not matter if he is making or selling the items, he has the right to exclude you from doing so. Yes you can call him and see if he wants to sell it. No you cant repatent it. Yes you can make changes or improvements and file a patent but chances are you cant do anything with that patent or make the device because you would be infringing the underlying patent. Look up ths doctrine of equivalents on the web.
Answer Applies to: Oregon
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: DANIEL NESBITT
Contact me directly so I can send a fee estimate, to consult you on all your questions and issues.
Answer Applies to: Ohio
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
You probably cannot get a patent on this. You cannot "repatent" an invention that is disclosed in the prior art but not actually commercialized. But so what. There are many other ways to "brand" your product so as to protect your intellectual property rights. But here is the hard and painful truth. You need to immediately retain IP counsel to represent you and advise you concerning your options. You cannot rely on the general advice you receive on this web site. In this regard, if your proposed product would infringe patent rights owned by others, you would be foolish to develop your product without obtaining a license from the owner of such patent rights. Touch lesson. Nothing in life is free. This includes lawyers. And you need an IP lawyer to guide you through these issues. If you do not have a budget to pay for IP counsel, then you should not pursue this project.
Answer Applies to: New York
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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