Quote Originally Posted by Mark View Post
If the concept was patented before how can it be patented again? This might give someone the ability to produce them. What would a producer have to do, promise not to use them with vacuum?
You can't patent a "concept" alone....rather, what is potentially patentable is a certain claim or set of claims about a particular invention.

You could produce a spout from this specific patent (I would imagine patent protection has expired at this point)....just keep in mind...it didn't work. Secondly, if you were thinking of producing it....you'd either want to produce it exactly as described in the patent, or would want to consult an IP lawyer first. The typical answer you'd get is....it might or might not infringe a certain patent or patents. The real answer however is only an opinion, and if the patent is challenged, is usually decided through a lawsuit, which either settles, or is decided by the court system.