Expert: George H. Morgan, P.E., Patent Agent - 11/24/2008

Question
Approximately 8 Years ago I filed a PPA, subsequently an RPA and disclosed it to a half dozen companies. I subsequently allowed the patent to become abandoned.

What matters do I need to be concerned with as I look into pursuing a patent again, especially with regards to subsequently filed patents and whether my original patent application may be relevant prior art in my or others patents?

Answer
1. The conservative approach is to consider what was disclosed to companies as prior art, which, if it affects patentability, you have a duty to disclose. In future formal patent applications, you are signing a declaration to that effect. If you don't, you are very vulnerable from one of those companies, disclosing it for you, if they are interested, once your applicaiton is published, assuming it is published. Also, in the event of a lawsuit over the patent, this stuff comes out. The opposition always has some very penetrating quations.
2. Beyond that, looking for loopholes becomes a "sticky wicket" so to speak. i.e. Did you have confidentiality agreements with unlimited time length?  That might be a factor. Where they offers to sell the product itself (as opposed to a licensing agreement) or were they seeking a sales organization to sell your product?  Those raise a statutory bar on the prior art.

However, if your improvements to what you were working on are creative and innovative improvements on your previous work which is probably prior art, you still should be in good shape for getting good patent coverage on the total "package", as these improvements might be what give you a commercial product.

Beware of the scammers who direct mail inventors & also the TV advertisers.

I.D.E.A., and Absolutely New are in the "direct mail" scammer category.

Shameless plug:  I am a full time self employed patent agent, prosecuting patent applications for inventors. If you will be relying on professional help, kindly keep me in mind.

Best wishes on your project

George H. Morgan
Professional Engineer (since 1958)
Patent Agent  (since 1973)
email: patagent@evnasivlle.net
web site: http://www.evansville.net/biz/patagent (lots of free info on that free web site)