I would like to get some legal advices from a patent lawyer.. None. I am planning to make a product with an expired

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Customer: Hello, I would like to get some legal advices from a patent lawyer
JA: What state are you in? It matters because laws vary by location.
Customer: washington
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Customer: none
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Customer: I am planning to make a product with an expired patent (fee related), but I am worried about they may reinstate the patent. So, I am wondering if you can represent me to buy the patent or to get licensing from the inventor.
Answered by Geoff in 14 mins 9 months ago
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Geoff
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Geoff
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10+ years of experience
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Geoff
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12832 Satisfied customers

Jessica

Jessica

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Geoff, Expert

Hello, thank you for using Just Answer. My name is ***** ***** I am the attorney who will be assisting you with this question. I am a fully licensed attorney with over a decade of experience representing clients. Please remember that this is an informational service only, so the answers that I provide are not given as official legal advice and this does not create an attorney/client relationship.

We don't actually provide representation through Just Answer. Are you looking for someone who can defend you against infringement claims?

Customer
I see, I just need some legal advice at this point.
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Geoff, Expert

Sure. What can I answer for you?

Customer
The expired patent I want to purchase has expired on May 2021 because of nonpayment. I am wondering how hard it is for them to reinstate the patent?
Customer
how long it going to take them to reinstate the expired patent
Customer
Since I am trying to make a product with this expired patent. I read somewhere that it is very difficult to reinstate a patent that has been expired more than 2 years. Is it true? Should I just wait for one more year instead of purchasing this patent?
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Geoff, Expert

They have 2 years to reinstate it. While it's not cheap (almost $1,000 all in to reinstate) it does not take very long. Usually less than a month.

Yes. Once you get past two years, it's almost impossible to reinstate it. You basically have to completely restart the process.

Customer
Can their patent be infringed before they reinstate it?
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Geoff, Expert

No. If the patent is not active, it cannot be infringed.

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