Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

1 Lawyer Answer
James L. Arrasmith
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A: Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can use, manufacture, or sell the previously patented invention or design without obtaining permission or paying royalties to the original patent holder.

2. Modifying and resubmitting your design: You can create a new design based on your original, expired design. However, to be eligible for a new design patent, the new design must be sufficiently different from the original one. The changes must be more than just obvious or minimal modifications. The new design must meet the criteria of novelty and non-obviousness. If your new design is substantially similar to your expired one, it may not qualify for a new design patent.

3. Potential lawsuits for compensation: If your design patent has expired, you generally cannot sue others for using your design after the expiration date. However, if someone infringed on your design patent while it was still active, you might have grounds to seek compensation through a lawsuit. The specific details and timing of the infringement would be crucial in determining if you have a valid case.

To get a more accurate assessment of your situation, it's highly recommended that you consult with a patent attorney. They can review your specific design, its patent history, and any potential infringement issues to provide you with personalized advice on your options moving forward.

Keep in mind that patent law can be complex, and there may be other factors to consider based on your unique circumstances.

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