Q: Can this device be re-patented and re-made since the devices patent is expired
A:
No.
The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.
Kevin E. Flynn agrees with this answer
A:
Mr. Mlynek is correct.
However, that does not close the door on patenting an improvement to the old device. But the improvement needs to be enough to merit a patent. In other words, the change needs to be sufficiently inventive that it would not be an obvious change to a person of ordinary skill in the art of designing devices like that. This is a tough standard but people have been making improvements to the telephone for more than 100 years.
I hope that this helps.
Kevin E Flynn
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