Are expired patents still prior art?

質問

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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回答: 4 public & 0 非公開

8a416533c2
弁理士

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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