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Question: My best friend handed me a product that was patented in the USA in 1985… The product was shelved for various reasons….The patent is still available online but is now outdated…. What do I do to re-patent this product?

Answer: This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law. Patents in force on June 8, 1995 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty years from the filing date of the patent or seventeen years from the patent grant so you would have to look at the filing date.

Patents filed after June 8, 1995 are valid 20 years from the date they were filed so you would have to look at the filing date of the patent to determine when the patent will expire. Also, all utility patents which issue from applications filed on and after December 12, 1980 are subject to the payment of maintenance fees which must be paid to maintain the patent in force. These fees are due at 3 ½, 7 ½ and 11 ½ years from the date the patent is granted and can be paid without a surcharge during the “window-period” which is the six month period preceding each due date, e.g., 3 years to 3 years and six months .

Failure to pay the current maintenance fee on time may result in expiration of the patent. A 6-month grace period is provided when the maintenance fee may be paid with a surcharge. The grace period is the 6-month period immediately following the due date. The Patent and Trademark Office does not mail notices to patent owners that maintenance fees are due. If, however, the maintenance fee is not paid on time, efforts are made to remind the responsible party that the maintenance fee may be paid during the grace period with a surcharge.
You should talk to a registered patent attorney to discuss the specifics of your case. Finally, you will not be able to “re-patent” the product.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed.
Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.