Are expired patents still prior art?

Question

If a patent lapses due to non-payment, could someone else just apply for the same technology? What would be a strategic reason to let a patent expire in the first place?

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Answers: 4 public & 0 private

8a416533c2
Patent Attorney

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.

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