Is It Illegal To Announce A Patent On Something After That Patent Has Expired?

from the we'll-soon-find-out dept

I'm sure many of you have noticed on various products a notice claiming that the object was covered by some patents, or that it had "patents pending." There are legal reasons for including such notices -- and it's illegal to falsely make such claims. So what happens when the patent expires and the maker of the goods still includes the notice? We're about to find out, as a patent attorney has sued some companies who continue to list expired patents on their products, claiming that this is illegal false marking of patent rights. While there may be practical reasons (the marking process was already in place) for continuing to announce the patent, it's troublesome because it's claiming monopoly rights that the holder does not have and may scare off others from making use of a public domain concept. In this age where so many patent holders view patents as important property, it's no surprise that they have trouble letting go once the patent expires and the concept is moved into the public domain.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: expired, patents, public domain

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    rinnert, 16 Apr 2010 @ 7:38am

    Congratulations- You already have $660 Commissions Coming.

    Weve already start putting Members in YOUR TEAM
    for the JULY 1- 31th commission cycle...and it

    You ALREADY have 136,912 Pre-Enrollees
    and 44 Paid Members in YOUR TEAM...

    Remember, these people that you see
    below you in your team are JUST LIKE YOU!
    They are looking for a powerful and simple
    ways to make money from home without having
    to spend a lot of time or money to do it.
    Because you submitted your information FIRST,
    you have an opportunity to secure all of
    them in YOUR long as you TAKE ACTION!

    IMPORTANT: August 17, 2009 is the Cut-Off day
    to lock in your position! Be sure to ORDER
    on or before August 17, 2009 to secure ALL of
    these people below you before they go to
    someone else!

    Go Here To Secure $660.00 commission Now:

    CLICK here >>

    TYPE Date & Time ---New PAID Members --- Country

    P July 19 @ 9:10 PM-----Ervin Powell---- Malaysia
    P July 19 @ 10:34 AM --- Linda Bird --- Canada
    P July 19 @ 10:12 AM --- MaChael Gale --- United Kingdom
    P July 19 @ 9:43 AM --- Vanvan Novo --- United States
    P July 20 @ 1:45 AM----- Ryann Shane----Canada
    P July 20 @ 4:39 AM----- billy copeland----Australia
    P July 20 @ 2:19 PM----- mike jones---- United States
    M July 21 @ 3:00 PM-----britney cooper---- Germany
    M July 21 @ 3:38 PM----- mary cox---- Cuba
    P July 21 @ 5:30 PM-----Amber Sanders ---- United States
    P July 22 @ 10:21 PM-----Konesavanh xagnamongkhon---- Germany
    P July 22 @ 10:21 PM-----Humprey dean--- India
    M July 22 @ 11:12 PM-----Julie Otero ---- United Kingdom
    M July 24 @ 11:55 PM-----norman Curtiz---- Cuba
    P July 24 @ 11:56 PM-----chris olson ---- United Kingdom
    P July 25 @ 1:12 AM-----Arlene Clay ---- France
    P July 25 @ 1:34 AM-----JOANNA HERMAN ---- Italy
    P July 26 @ 2:38 AM-----Thomas Mule---- Mexico
    M July 26 @ 2:53 AM-----Ambroshe Slovisha ---- Portugal
    P July 27 @ 3:05 AM-----Valerie williams---- Slovenia
    M July 28 @ 7:47 AM-----Marc Mendez---- Bermuda
    P July 28 @ 7:56 AM-----Jennifer Mendoza---- Italy
    M July 28 @ 8:29 AM-----Audreiana Swain---- United Kingdom
    P July 29 @ 10:16 AM-----Rebecca Underwood---- Canada
    P July 29 @ 11:35 AM-----Emmily Alexander---- Costa Rica
    P July 29 @ 11:58 AM-----Ryann Hall ---- Australia
    P July 29 @ 1:58 PM-----Grace Taylor---- New Zealand
    P July 30 @ 3:51 PM-----Emy Alexander---- Canada
    M July 30 @ 4:34 PM-----Shirley Leonard ---- Oman
    P July 30 @ 4:54 PM-----Tracey Furlong---- Puerto Rico
    P July 30 @ 4:54 PM-----Jonathan cortes---- Philippines
    M July 31 @ 8:34 PM-----keith rittenhouse---- Canada

    P= Paid Members
    M= Members Trial

    Note: Pre-enrollees and Members from July 1- 18 was
    not included to save space in your mailbox.

    Therefore, you have a GUARANTEED $660.00 Commission
    every month from now on! Earn $15.00 Per Process!

    Each $15.00 x 44 = $660.00 Commission will be yours!
    You must UPGRADE on or before August 17 @ 11:59:59 PM
    (Pacific Time)---- or you will forever forfeit the $660.00
    commission that is now yours for the taking.

    Go Here To Secure $660.00 commission Now:

    CLICK here >>

    Please do realize that if you dont Upgrade NOW,
    any Upgrades that are currently under you now
    will move above you from your downline.

    As soon as I receive the confirmation of your Upgrade,
    I will be in touch with you to help you get started.

    Shane Froontdoor
    1217 NE Sreet #198
    Seatle, WA 98114
    United States


    By visiting and/or clicking on any link inside
    this email means that you agree - that you are
    interested in the business or our products. If
    you are not interested, please go below this
    email for removal instruction.

    This message is sent in compliance with the new e-mail
    bill section 301. Under Bill S. 1618 TITLE III passed by
    the 105th US Congress. This message can not be considered
    as `Spam` as long as it include the way to be Rem0ved,
    Paragraph (a)(c) of S. 1618.

    message ONE TIME to:
    with Subject "Remove" and I will remove your email address
    in my email list personally and immediately.

    Thank You.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.