Legal Question in Intellectual Property in Florida

Patent # 5605327 has lapsed due to lack of paying maintenance fees. There would have been 6 more years protection, of the 20 years, had it not lapsed. It was for weighting the butt end of the handle of a tennis racquet as a counter balance.

1. Can I apply for the same design but with the novel added feature of individualization of the butt weight amount based upon grip strength of the player. Grip strength can be either measured with a standard hand dynomometer or merely estimated (as in the strength difference typically between a woman and a man). There will be 2 weight categories. The less the grip strength, the heavier of the two weights. The more the strength, the lessor of the two weights.

2. Can I apply for the same patent because it has 6 more years on its design?

3. Are there any other options?

BTW, the former owner of the patent is a friend and has said that he is fine with my taking it over.

Thank you,

Bruce Wright


Asked on 11/14/11, 8:20 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

There are many questions here. First how long has it been since the patent expired; you may be able to revive it if it hasn't been too long. Second have you done a prior art search on the improvement. Third who is the inventor of the improvement. These are but a few of the issues that need be addressed in this case. Contact a reputable patent attorney in your area who can assist you with your case.

Good luck!

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Answered on 11/15/11, 3:13 am


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