4 ms·

"So no one can re-patent the expired patents?" Correct. To get a new patent, your invention by novel and unobvious. If it has been patented before, it will no

• mcherm 10y ago
  Furthermore, lots of things are considered "not novel" or "obvious" by nearly every expert in the field, but not by patent examiners. But one specific area which patent examiners are VERY good at reviewing is old patents. So re-patenting old patented inventions becomes impossible, not only in theory but in practice also.
  • ska 10y ago
    It's not that they are very good at it - it's that this is typically all they are going to be looking at. They're also better (and have better tools) at searching patent databases than nearly anyone who doesn't do this daily.
    • pbhjpbhj 10y ago
      >this is typically all they are going to be looking at. // Are you referring to the USPTO there, do you have a source?
      • ska 10y ago
        Just going by what several specialists (e.g. patent agents, ex examiners) have told me independently. It does match my experience in office actions with many different examiners, for whatever that's worth.