Q: Can this device be re-patented and re-made since the devices patent is expired
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
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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