I'm wanting to create these two sell, so whatever I do not want to be able to have the patents on them so no one else can reproduce that. How do I go about obtaining them for myself? One will be at identical, and the other will have some modification's. Where do I go from here?
You will not be able to patent an identical product because one of the possibly expired patents you found very likely "anticipates" any future patent application that claims the same identical product. However, depending upon what modifications you plan, such modifications may make a modified product patent eligible subject matter, where the modified product would have to be useful, novel, and non-obvious to be patentable.
And as others here have stated, if a patent is expired/abandoned - you may practice what was claimed in the expired/abandoned patent, as what was claimed is now in the public domain. However, it is not necessarily always very clear to as to exactly what might have been claimed in a given patent, i.e. what may be in the public domain and still protected is not always clear. I would seek a consultation with a patent attorney.
When a patent expires, the invention disclosed in it becomes available for all to use. If the patents are in fact expired and there are no other patents covering the products (you should have an attorney confirm this), anyone can make those products.
If the patents are expired, there is nothing for you to obtain. An expired patent cannot be renewed, and the same invention cannot be patented again.
With respect to the modifications that you mentioned, it is possible that the modified product could infringe another patent. It is also possible that the modified product could be patentable. Discuss this with a patent attorney.
If both patents have expired, you or anyone can practice the invention without any regard to the patents. Are you sure they've expired?
Disclaimer: This answer does not constitute legal advice and does not create an attorney-client relationship.
You're question is a little unclear. Are you asking whether you can acquire the patent rights that have expired? The answer is no. Are you asking whether you are free to sell products that embody the inventions in those two patents? The answer is yes.
Answers and information provided here does not create an attorney/client relationship.
Be careful. The expiration of those two patents may or may not mean you can practice the items disclosed in those patents. There may be other patents still active. The identical one is likely public domain while the modified version may be the subject of one or more other patents.
Be sure you mean expired and not lapsed, as lapsed can sometimes be revived. Also be sure that a method patent does NOT apply to any intended use of if you are writing about an invention that is disclosed in an expired apparatus patent.
Also, be careful to distinguish between disclosure and claims.
If this was merely a law school question, then you have enough in these answers to cover the key issues.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
Short Answer: You can make and use an expired patent
Your question is not completely clear. If you just want to use the patent, the answer is Yes, you can. An expired patent belongs to the public domain and anyone can make or use it. Regarding your planned modifications, you will need to check with your patent attorney to determine if they would qualify for patentability. If they do, then you may be able to obtain your own "improvement patent" on them. Good luck.
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