Can I re-apply for the same patent after it expires? How? 6 Answers as of August 28, 2015

I have a design patent that will expire next year. Can I re-apply for the same patent?

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Webb IP Law Group
Webb IP Law Group | Jason P Webb
That would be a no.
Answer Applies to: Utah
Replied: 8/28/2015
Microtechnology Law & Analysis | Daniel Flamm
That would be a no.
Answer Applies to: California
Replied: 8/28/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Yes, you can re-apply for the same patent, but the patent office will reject your new application based upon the prior expired patent. You also have a duty to notify the patent office about your prior patent as prior art in an Information Disclosure Statement (IDS). A better option is to make a change to the design and file for the new design.
Answer Applies to: California
Replied: 7/27/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
No. Patents are only good for a specific length of time. After that anyone can use the design. However, you might want to see if your design now qualifies as a trademark. Trademark protection lasts as long as the owner continuously uses it in commerce.
Answer Applies to: Nebraska
Replied: 7/27/2015
Gerald R. Black, Esq.
Gerald R. Black, Esq. | Gerald R. Black
A U.S. Patent is a contract between the government and the inventor. The government grants to the inventor a limited monopoly, that is, the right to exclude all others from making, using, or selling the invention within the U.S. during the patent term. In exchange, the inventor gives the public a full and complete disclosure of the invention with a teaching of the design of the invention. The term of a Design Patent is 14 years from the date that the Patent Issues. Once the Patent expires, the invention enters the public domain and can be used by anyone. If you have made any improvements to the design, you can file for a Design Application for the improvements, but you will not be able to prevent another from using the old design.
Answer Applies to: Michigan
Replied: 7/27/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    NO. Once the patent expires - it enters the public domain - free for all to make, use and sell. Your design will expire 14 years after the patent was granted. The exact same invention cannot be re-patented. Also - a modified version will need to be not-obvious over your previous invention.
    Answer Applies to: Massachusetts
    Replied: 7/27/2015
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