Abandoned patents

[2Rocky]

Has anyone been through a patent process and picked up a design that was Abandoned?

I came across an abandoned patent on a device i've wanted to create, just in a google search. wondering if this is something i could pick up and run with?

 

[4xdog]

Probably not. It's now in the public domain and no longer novel.

 

[Leaflessshadetree]

Define "pick up and run"? You want to produce it, go ahead if the patent has expired. (If the patent hasn't expired the owner may still defend it.) You can also patent improvements on the patent.

 

[gearhead1]

Define "pick up and run"? You want to produce it, go ahead if the patent has expired. (If the patent hasn't expired the owner may still defend it.) You can also patent improvements on the patent.

Exactly. Once the patent has expired, anyone can make it.

If a patent has not expired and you made whatever it is for home use, nobody would know. Once you go to sell it, the cat would be out of the bag and the entity owning the patent could bring litigation.

 

[4xdog]

Probably not. It's now in the public domain and no longer novel.

I was assuming — probably wrongly — that you were referring to running with the patent, trying to make it yours now that it’s abandoned.

Define "pick up and run"? You want to produce it, go ahead if the patent has expired. (If the patent hasn't expired the owner may still defend it.) You can also patent improvements on the patent.

This is a better answer! That particular abandoned patent won’t stop (or protect) anything.

But that doesn’t mean the subject of what you want to create isn’t subject to somebody else’s IP.

 

[PugetDude]

If it's an abandoned or expired patent, you can "infringe" on the specific patent art all you want. If you have a pile of cash that you can live without, file for an improvement on the expired design. But be aware that your improvement may incorporate prior art from a similar patent and you could still end up trying to defend your design. In that case, you better have boatloads of cash.
I was involved in three patent lawsuits in my machinery career. Both sides. Patents are difficult and expensive to obtain and 10X more difficult and expensive to defend.

Good luck.

 

[californiamilleghia]

Patents give you the right to sue and defend it , you pay your lawyers and if you win try and get money from the company that infringed your patent ,
Lawyers always win !

 

[Farmall450]

If it's an abandoned or expired patent, you can "infringe" on the specific patent art all you want. If you have a pile of cash that you can live without, file for an improvement on the expired design. But be aware that your improvement may incorporate prior art from a similar patent and you could still end up trying to defend your design. In that case, you better have boatloads of cash.
I was involved in three patent lawsuits in my machinery career. Both sides. Patents are difficult and expensive to obtain and 10X more difficult and expensive to defend.

Good luck.

Unless you work for CAT

 

[Monza Harry]

It is my understanding that only the inventor can file the patent, [or the person paying the inventor (ask any engineer if he can file a patent, even after he leaves his/her employer, as contractually the employer owns any related thought and the fruit of said thought basic job description of designers/engineers)]. So my take is abandoned or not you are out of luck. Harry

 

[AffableCurmudgeon]

Has anyone been through a patent process and picked up a design that was Abandoned?

I came across an abandoned patent on a device i've wanted to create, just in a google search. wondering if this is something i could pick up and run with?

Patent attorney here. You need to talk to an attorney and look at how the abandonment of the application happened. Was it express, or did the applicant not respond to an office action in the prescribed time, etc.

In any event, no lawyer will give you legal advice on the internet, and I would suggest not trusting any legal advice from a non-lawyer.

 

[86turbodsl]

It is my understanding that only the inventor can file the patent, [or the person paying the inventor (ask any engineer if he can file a patent, even after he leaves his/her employer, as contractually the employer owns any related thought and the fruit of said thought basic job description of designers/engineers)]. So my take is abandoned or not you are out of luck. Harry

My employer owns any IP i come up with related to their business and thought of/created while i worked for them. Once i leave, if i come up with something, i don't believe they own it unless it germinated while i was there. That is my understanding. They don't get to own everything i ever invent in perpetuity, as that would cause a lot of issues when people move jobs.

 

[Monza Harry]

My employer owns any IP i come up with related to their business and thought of/created while i worked for them. Once i leave, if i come up with something, i don't believe they own it unless it germinated while i was there. That is my understanding. They don't get to own everything i ever invent in perpetuity, as that would cause a lot of issues when people move jobs.

I agree '86, the legal fight is that it is hard to prove when we have a thought. If you can attribute your new prophecy to a trigger that did not predate your contract work, ie; I was watching *** new movie and you had seen yyy that lead to ZZZ thought/invention. Your employer will likely argue
[Lawyers at dawn LOL!]that it was an still an extension of the work they paid you for. Normally our employers out cash us so their lawyers beat us out of what should be ours. Harry

 

[Jack Ryan]

Has anyone been through a patent process and picked up a design that was Abandoned?

I came across an abandoned patent on a device i've wanted to create, just in a google search. wondering if this is something i could pick up and run with?

How was the patent abandoned and when was it abandoned?

Abandoned patents can be revived in some circumstances, particularly if the abandonment was recent.

If by "pick up and run with" you mean "use the subject of the patent" then, yes you could, but you would have to hope that the patent was not subsequently revived - especially if it is a commercial venture you have in mind.

I'm pretty sure you would not be able to (re)patent the idea yourself, nor would you be able to purchase the patent in the abandoned state.

I don't know what jurisdiction's patent laws apply to you, they are probably different from the laws that apply to me.

Jack

 

[californiamilleghia]

when you apply for a Patent they look up "Prior Art" which is old expired patents but also stuff that was never patented ,

Its interesting to search for the patent and then check the Prior Art , you can learn a lot

One of the patents I had showed prior art from the late 1890s !