Patent status if assignee doesn't exist

[randyr]

What is the name of your state? CA

I had started working on a new product idea and, at a later date, decided to do a patent search before I got too far into it. What I found is that there had been a patent already issued on the concept in 1997. But, when I went to research the assignee, which was a company, it is no longer in business. It seems that the company closed its doors and was not bought by another company. The patent does not have any Inventors listed.

1. What happens to the status of such a patent?
2. Can I re-apply for the patent?
3. Would anyone be able to claim rights to the product if I developed it independently (ie. previous company owners).

Thank you!

 

[divgradcurl]

1. What happens to the status of such a patent?

Usually anything of value is sold off in a liquidation sale -- and that includes intellectual property. There is no requirement that an assignee file a notice of assignment with the USPTO, although they may lose the rights to sue for certain damages if they don't file a notice of assignment.

You can also search PAIR to determine if the patent is still valid. Even if the patent has not expired due to time, if the company folded and the patent maintenance fees have not been paid, then the patent may be expired anyway. Search here for the most current status of the patent: http://portal.uspto.gov/external/portal/pair

2. Can I re-apply for the patent?

No. A patent may only be issued to the person that invents the patent, and then only if the invention is useful, novel, and nonobvious, as defined by statutes and caselaw. By definition, if there is already a patent out there, it's not novel, and you can't be the first inventor, so you are not entitled to a patent.

3. Would anyone be able to claim rights to the product if I developed it independently (ie. previous company owners).

If the patent is still valid, then yeah, you could still be sued for patent infringement, just as if the original company had never gone under. If the patent has expired, either due to time or failure to pay maintenance fees, then no, there is no valid patent to sue under.

 

[randyr]

non-payment of maintence fees!

Thank you so much for the answers. I found out that the patents did expire due to non-payment of maintence fees!