Are expired patents still prior art?

It might help to remember that this is the whole point of the patent system. Patent publications are publications for the public benefit. It is a one-way street:
- Once the patent application is published it becomes available as prior art. No-one can patent the same technology again. (Assuming the system is woking perfectly!)
- Once the patent has lapsed or exired (assuming a patent was even granted), then the technology becomes free for others to use. (Assuming what you are doing is not caught by other patents still in force!!)

The strategic reason for patents to lapse/expire is the public benefit. This is why maintenance fees are charged: patents WILL lapse unless the owner has a positive interest to keep them in force.

As already stated by Steven and Edoardo, the short answer is yes for patents which expire or are abandoned after publication. It does not matter whether patents are still in force, as soon as they are published they are and remain prior art.

However, it is thus important to note that there is an important exception. Patents which expire or are abandoned before or without any publication will not be prior art. This might at first seem a scenario which is more an exception then a rule for most patent procedures, however it is especially relevant for procedures like US provisional patents which automatically expire after one year without publication.

Hello,

yes, if the patent laspe it is still prior art, which mean no one can patent the same invention.

As for the reasons for letting a patent becomgina abandoned, there are several. It could an obsolete technology (i.e. VHS), it could be difficult to enforce, it may have been applied for only in order to create prior art, etc.

The fact that a patent has lapsed has no bearing as to whether or not a patent is prior art - a patent may not be prior art depending upon its publication date relative to, for example, the filing date of a US application - if, for example, a US application is filed January 15, 2015, and a foreign patent has a publication date prior to that date, it is prior art. If the publication date is after the US filing date, even if it is before the publication date of the US application, it is not prior art. There are many other scenarios where some patent or patent application publication would or would not be considered prior art based upon filing and publication dates. Ordinarily, any patent, lapsed, still in force, whatever, can be prior art and someone cannot come along and apply for a patent with respect to that same technology. Actually, they could apply for a patent, but it would not be granted, or if granted, it would be invalidated if the claimed technology in the later patent is truly disclosed within the lapsed patent.
As for a strategic reason to let a patent lapse/expire, I cannot think of any - normally, patents are permitted to lapse or expire because the patent owner no longer wants to pay the annuities or maintenance fees - sometimes, the patent owner feels the fees are excessive/too expensive, or that it is simply not worth maintaining the patent in force because the patent is not being worked - the invention is not being practiced, licensed, or whatever.

At Robrecht Dumarey - please note that "patents" never expire or are abandoned before or without any publication - patent "applications" may be abandoned before publication, or provisional patent applications may never be made public, or accessible to the public, if they are not perfected into non-provisional or PCT applications. Patents, effectively by definition, are always published or made public, or are accessible to the public.