Lapsed Patent Question

[Pita]

Looking for a simple answer to this question but no luck so far...

I am developing a product that is similar to a product that was patented about 10 years ago. My product is slightly different and may still be unique enough to warrant a narrow utility patent. Once I complete my preliminary patent search I will discuss this with a patent attorney.

My question is what, if any, residual rights does a patent holder have for a patent that has lapsed? The particular patent my idea is similar to has lapsed due to non-payment of the maintenance fees by the patent holder. I don't know why the payments were not made. Perhaps the original patent holder could not make the product successful and decided to stop making the maintenance payments.

If I am not able to get my own utility patent I'd still like to produce the product. Does the original patent holder still have any intellectual property rights on the patent if that patent has lapsed?

Thanks

[Harold Mansfield]

Looking for a simple answer to this question but no luck so far...

I am developing a product that is similar to a product that was patented about 10 years ago. My product is slightly different and may still be unique enough to warrant a narrow utility patent. Once I complete my preliminary patent search I will discuss this with a patent attorney.

My question is what, if any, residual rights does a patent holder have for a patent that has lapsed? The particular patent my idea is similar to has lapsed due to non-payment of the maintenance fees by the patent holder. I don't know why the payments were not made. Perhaps the original patent holder could not make the product successful and decided to stop making the maintenance payments.

If I am not able to get my own utility patent I'd still like to produce the product. Does the original patent holder still have any intellectual property rights on the patent if that patent has lapsed?

Thanks

I was just looking up similar information for a lapsed trademark.

From my understanding the original holder has a grace period, but I'm pretty sure 10 years is far beyond any grace period.
If they no longer hold the patent, they cannot enforce it.

Your idea only needs to be different in some way. Not completely different. Again, if there's no existing patent holder I don't see where you'd have a problem.
Of course I'm not a Patent Attorney.

There's more here
Maintain Your Patent | USPTO (http://www.uspto.gov/patents-maintaining-patent/maintain-your-patent#Expiration)

[Pita]

Thanks Harold.

That's what I believe as well, but I wanted to have some information before I went to a patent attorney. Understanding these guys charge by the hour I wanted to do as much as I could to streamline the application process before turning it over to a patent attorney or a patent agent