Can I Refile an Expired Patent?

Posted by Michael Shimokaji | Jul 11, 2014 | 0 Comments

Question: If my patent expires, can someone else re-file the exact same and claim it?

Question Detail: If yes, what happens to my current product that was governed by the patent that expired? Can I reclaim the patent?

 Answer: Someone else may file a patent application on the same product and receive a patent, but that does not mean the patent is valid. Once your issued patent expires, it cannot be validly re-filed.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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