Legal Definitions - lapse patent

Definition: A land patent that replaces an earlier patent for the same land that was not claimed by the previous patent holder.

Example: John receives a patent for a piece of land but fails to claim it. The patent then lapses. Later, Jane receives a patent for the same land, which is now considered a lapse patent.

Explanation: A lapse patent is issued when a previous patent holder fails to claim their patent, allowing someone else to receive a patent for the same land. This can occur when the previous patent holder dies, abandons the land, or simply forgets to claim their patent. The new patent holder is then granted the rights to the land, and the previous patent is considered lapsed.