Coraopolis, PA asked in Patents (Intellectual Property) for Pennsylvania

Q: how do you reinstate an old patent?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ
  • Licensed in Pennsylvania

A: You can't reinstate old patent. Here is the idea behind patents: the inventor discloses his invention to the public, and in turn the public (via the government) allows the inventor to keep others from making or using his invention for a limited time. After the limited time expires, everything in the patent becomes public property, and anyone can make or use the invention.

However, if the patent has lapsed because of some screw up before the limited time period is up, then a patent attorney can make the necessary arrangements to get it reinstated.

Kevin E. Flynn and Kathryn Perales agree with this answer

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