if something was patented over 3 decades ago, never made, i had a similar idea, can i still proceed with it?

Question

i had the idea before i saw the patent. 
obviously a patent does not stop one from copying someone else's product, but it gives them a right to protect it, therefore i'd have to be sued. i dont want to get to all of that, so i'm wondering if i can carry on with my idea, even though someone has a patent on something similar(patented over 30 years ago) 
how so?
or why not?
how much would i have to change my idea?
any imput would help, thanks!

Anonymous · Answer

In the USA, patents usually last 20 years; some can get a limited extension but not all qualify for that. After expiration the patent becomes public (so you can use it and you don't eve have to change anything.)

Since that patent is 30 years old, it's most likely public.

To be sure you can check the records at the United States Patent and Trademark Office
http://www.uspto.gov/

Lesus · Answer

Patents expire. The purpose of a patent is to give the inventor a temporary monopoly.

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if something was patented over 3 decades ago, never made, i had a similar idea, can i still proceed with it?

2 Answers