How long can a patent last?

[arytech]

I recently filed for a patent assuming I was the first one to come up with this product. I thought it was a great product as did many of my customers. When I filed for a patent search to my dismay I found a similiar product was filed 51 years ago and no other information on it exist. Their are no other updated dates, etc. Is their a way of finding out if patent is out of date, patent holder is deceased, etc.? I really don't want to spend to much more if it appears I'll be throwing money into a black hole. I'm willing to do thye leg work and if I have possibilities then I'll proceed with patent rights and production phase.


Arytech, Ca.

 

[seniorjudge]

I recently filed for a patent assuming I was the first one to come up with this product. I thought it was a great product as did many of my customers. When I filed for a patent search to my dismay I found a similiar product was filed 51 years ago and no other information on it exist. Their are no other updated dates, etc. Is their a way of finding out if patent is out of date, patent holder is deceased, etc.? I really don't want to spend to much more if it appears I'll be throwing money into a black hole. I'm willing to do thye leg work and if I have possibilities then I'll proceed with patent rights and production phase.


Arytech, Ca.

Do you know how to use Google?

http://www.uspto.gov/main/patents.htm

 

[arytech]

Do you know how to use Google?

http://www.uspto.gov/main/patents.htm

Thanks for steering me in the right direction. Appreciate it.

 

[divgradcurl]

I recently filed for a patent assuming I was the first one to come up with this product. I thought it was a great product as did many of my customers. When I filed for a patent search to my dismay I found a similiar product was filed 51 years ago and no other information on it exist. Their are no other updated dates, etc. Is their a way of finding out if patent is out of date, patent holder is deceased, etc.? I really don't want to spend to much more if it appears I'll be throwing money into a black hole. I'm willing to do thye leg work and if I have possibilities then I'll proceed with patent rights and production phase.


Arytech, Ca.

Although SJ's link gives you the answer, I'll post here as well just for other's reading the forum.

Patent Terms in the U.S.

Patents issued before June 8, 1995: 17 years from date of issue.

Patents filed before June 8, 1995 but not yet issued on June 8, 1995: 17 years from date of issue, or 20 years from the earliest effective filing date, whichever is longer.

Patents filed on or after June 8, 1995: 20 years from earliest effective filing date.

The "earliest effective filing date" is the "priority date" of the patent. If the patent does not claim priority from an earlier-filed application, then the filing date of the patent is the priority date. If the patent claims priority from an earlier-filed patent, then the earlier-filed patent's filing date is the priority date.

But no matter how you slice it, a patent issued in the 50's is, and has been for some time, in the public domain.

 

[arytech]

Although SJ's link gives you the answer, I'll post here as well just for other's reading the forum.

Patent Terms in the U.S.

Patents issued before June 8, 1995: 17 years from date of issue.

Patents filed before June 8, 1995 but not yet issued on June 8, 1995: 17 years from date of issue, or 20 years from the earliest effective filing date, whichever is longer.

Patents filed on or after June 8, 1995: 20 years from earliest effective filing date.

The "earliest effective filing date" is the "priority date" of the patent. If the patent does not claim priority from an earlier-filed application, then the filing date of the patent is the priority date. If the patent claims priority from an earlier-filed patent, then the earlier-filed patent's filing date is the priority date.

But no matter how you slice it, a patent issued in the 50's is, and has been for some time, in the public domain.

Judge sent me to just what I needed. Amazing when you get good directions.You confirmed what I read.
Thanks a million, maybe!

 

[larkas]

arytech,

I think you are confusing patent term with patentability. Once your invention (as described by the claims) is described in writing one year prior to the filing date of your application, you (and everyone else) are unable to recive a patent on it, regardless of whether or not the patent term has expired.

Now, if the previous application is only similiar but not exacty the same as your invention (product), there may be some secondary considerations that may show the invention is not obvious because of the length of time between your invention and the similiar one.