Can I update and regain protection for a lapsed patent in Florida?

Question

I am the original owner of a patent that became freely accessible 10 years ago due to unpaid renewal fees. I have not previously attempted to renew or modify the patent. The update I am considering involves significant and distinct improvements to the function of the device but does not incorporate any new technology. Can these adjustments be made to regain patent protection?

Babak Akhlaghi · Answer

I understand you are seeking guidance regarding your original patent, which expired 10 years ago due to unpaid renewal fees. You noted that you never attempted to renew or modify the patent but are now considering updates that significantly enhance the device’s functionality without introducing new technology. 
 
Please note that once a patent expires for unpaid fees, it cannot be reinstated after such a long time. However, if your proposed improvements are substantial and meet the patentability requirements—specifically, novelty, usefulness, and non-obviousness—you may be eligible to file a new patent application for these advancements. It is perfectly acceptable that your updates don’t involve new technology. What matters is that the proposed changes or combinations are new and non-obvious. This holds true even if the combination involves known technologies. The standard focuses on whether the proposed combination is novel and whether it would have been obvious to someone skilled in the relevant field. If your improvements meet this standard, they fulfill the patentability criteria.  I hope this helps.

Q: Can I update and regain protection for a lapsed patent in Florida?