Looking for a simple answer to this question but no luck so far...
I am developing a product that is similar to a product that was patented about 10 years ago. My product is slightly different and may still be unique enough to warrant a narrow utility patent. Once I complete my preliminary patent search I will discuss this with a patent attorney.
My question is what, if any, residual rights does a patent holder have for a patent that has lapsed? The particular patent my idea is similar to has lapsed due to non-payment of the maintenance fees by the patent holder. I don't know why the payments were not made. Perhaps the original patent holder could not make the product successful and decided to stop making the maintenance payments.
If I am not able to get my own utility patent I'd still like to produce the product. Does the original patent holder still have any intellectual property rights on the patent if that patent has lapsed?
Thanks
I am developing a product that is similar to a product that was patented about 10 years ago. My product is slightly different and may still be unique enough to warrant a narrow utility patent. Once I complete my preliminary patent search I will discuss this with a patent attorney.
My question is what, if any, residual rights does a patent holder have for a patent that has lapsed? The particular patent my idea is similar to has lapsed due to non-payment of the maintenance fees by the patent holder. I don't know why the payments were not made. Perhaps the original patent holder could not make the product successful and decided to stop making the maintenance payments.
If I am not able to get my own utility patent I'd still like to produce the product. Does the original patent holder still have any intellectual property rights on the patent if that patent has lapsed?
Thanks
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