Legal Question in Business Law in California
Patent age
a few years ago i came up with what i considered a great energy savings device. I hired an engineer and a patent attorney who ran a search and found about three other patents that were very similar. they are all about seven years old now and i am wondering if i can either bring my idea to market or patent it now that the others are over seven years old? none of the others were ever brought to market.
1 Answer from Attorneys
Re: Patent age
Patents generally last seventeen years, but this is not your major obstacle. When a patent expires, the invention becomes public domain and cannot be repatented. Otherwise, people would rush out every seventeen years to try to be the lucky owner of new patents on lightbulbs, computer chips and Post-Its. If the existing three patents precluded you from obtaining a patent of your own seven years ago, you will still be unable to get a patent now.
Of course, it is possible that these other patents would NOT have barred your own patent; you might want to consult with another patent attorney on this point.
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