Kudos to you for wanting to do the right thing. The answer is that you need to work with a patent attorney to do a freedom-to-operate (sometimes called clearance) search. The attorney or a contractor working for the attorney will look for patents that that have not expired or published...Read more »
I would start by finding out who owns the patent. Most patents are assigned from the inventors to a company. Sometimes a patent is then assigned several times after that. The issued patent lists the assignee (owner) as of the date that the patent issues but does not get updated.
This is not really a patent question. This is a question under state law of whether your grandfather assigned the invention to another party. If he assigned his rights, you have nothing to license to anyone. If there was a contract, then maybe there is room to regain the rights....Read more »
Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... Read more »
Could a registered copyright work better for protection detailing a business method, component topology and clearly related process than a conventional patent for a software system that superimposes over the method? May it be better to do both with the patent sharing details of software system?... Read more »
1) Getting a patent on software that uses conventional technology to implement a set of rules for a structured human interaction is very difficult given the current Supreme Court view of this subject matter.
So figuring out an interesting way to hold an auction for dog food and then...Read more »
I hope that you took advantage of one of several ways to expedite the review of your patent application. Many companies will not engage in serious licensing discussions until you have a Notice of Allowance. It is just hard to tell whether you will be able to obtain commercially useful claims when...Read more »
This is a great question. This happens all the time.
Assume that Betty invented the basic bicycle and you have invented the mountain bike. Your improvements to the basic bicycle may be sufficiently non-obvious to merit your own patents. At that point Betty cannot make your mountain...Read more »
If by reinstate you mean revive a patent that expired early from an unintentional failure to pay a maintenance fee, yes that is relatively easy (there is a fee paid to the USPTO) as long as you just recently discovered the failure to pay and the failure to pay was unintentional.
Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten...Read more »
He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »
I do not see any indication that this is a patent law question.
This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...Read more »
Justia needs to change the user interface. Many users think that the patent that they are looking at is attached to the question conveyed to the patent attorneys. This sort of question without the patent number of the patent at issue is a common event.
A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.
Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form....Read more »
I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get...Read more »
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