Possible Infringement/Patent Expired

[pinoa]

What is the name of your state? NY

I am part owner in a Manufacturing company. We have 2 quesitons:

1. We have a product that was patented many years ago. We are trying to revive it in the market place and want to protect it. Since the Patent has expired how do we protect it?

2.We have developed a product that is closely related to a Patent Pending product. It does have several different qualities but we are afraid of a possible Lawsuit. How can we make sure that we don't infringe?

Thank you.What is the name of your state?

 

[divgradcurl]

1. We have a product that was patented many years ago. We are trying to revive it in the market place and want to protect it. Since the Patent has expired how do we protect it?

You can't, at least not with a patent. Once a patent expires, that's it -- it's free for anyone to use. Depending on the exact product, there may be other ways of providing some protection -- design patent, copyright, trademark, etc. -- sit down with a local IP attorney who can review your actual product and advise you accordingly.

But there is no way to "revive" or reapply for an expired patent. Once a patent is expired, it's gone for all time.

2.We have developed a product that is closely related to a Patent Pending product. It does have several different qualities but we are afraid of a possible Lawsuit. How can we make sure that we don't infringe?

You can have an IP attorney review your design against the patent application, if the application has been published by the USPTO. The problem here is, until the patent actually issues, you won't know what the claims actually cover -- the claims may change very dramatically from those shown in the published application, and may cover substantially less ground than you think. But until the patent actually issues, you don't really know to any level of accuracy what the patent will actually cover. And if the patent application hasn't been published by the USPTO, you are really guessing. Again, talk with an IP attorney, who can review all of the facts of your situation and advise you accordingly.