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Indiana Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: US 2017/0225533 claim 1 is rejected under 102(a) referencing US 2017/0016507 how can this be amended or not anticipated

claims 1-5 and 8 of US 2017/0225533 A1 is rejected under 102(a) referencing US 2017/0016507 A1 how can this be amended or proven not anticipated by US 2017/0016507 A1?

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 28, 2018

The questions posted on this website are of general nature. The answers to these general questions may be useful to others to understand the law being discussed. What you are asking is a very specific question that is best left to the attorney prosecuting this case.

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1 Answer | Asked in Real Estate Law, Patents (Intellectual Property) and Small Claims for Indiana on
Q: My dad has past and he have property in Indiana but his wife that's not legally married has the property

My dad has past and he have property in Indiana but his wife that's not legally married has the property and her name is on it the only reason she got the house because they thought they were married my dad have two daughters my oldest sister do not want the house but I do who do I talk to and... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, you question was posted to the patent/invention area. You may want to delete the patent topic.

Best wishes to seek a solution with respect to your father's property.

Kevin

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If you make an item and someone else patents it later, Can you still make and sell your item .

I made something in 2010 and sold some via a website. I did not patent it due to prohibitive patent cost.

Someone else patented a similar item 6 yrs later. When they received that patent the patent examiner cited my item and website in the approved patent.

Can I still make and sell... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 27, 2017

This is a common question, that has been litigated a number of times. The good news for you is that the courts usually rule against the patent owner, and in favor of people in your position.

This has to do with fairness. If you are making and selling your invention, you cannot all of the...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Will the Patent Office recommend a patent attorney to help protect my invention?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are invention promotion companies reliable and trustworthy?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is a reasonable royalty to pay for licensing a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

There are many factors to consider in determining a reasonable royalty. Under Supreme Court precedent, there are 15 factors (known as the Georgia-Pacific factors) to consider in a patent infringement lawsuit. These were first articulated in Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How can I be sure the Patent Office will not give others information contained in my application while it is pending?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Can I write to the Patent Office about my application after it is filed?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

The Patent Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Is it necessary to go to the Patent Office to get a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. Most business with the Office is conducted by email and written correspondence. Interviews regarding pending applications can be arranged with examiners if necessary and are often helpful.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a friend and I work together to make an invention, to whom will the patent be granted?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a first person furnishes all of the ideas to make an invention and a second person employs the first person

Or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?

Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Does the Patent Office set the fees charged by patent attorneys for a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. The price is between you and your patent attorney, and the Patent Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) prosecution.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What do the terms "patent pending" and "patent applied for" mean?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: A large company has sued me an other in my industry for patent infringement. We think the patent is bogus. What to do?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

Some patent owners file many individual suits in different jurisdictions against purported infringers, with the hope that they can obtain quick settlements. However, it can potentially be prudent for the various defendants to join forces and have all the various lawsuits consolidated in one court... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If I am attempting to patent something, how much is a lawyer needed?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented many of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the "inequitable conduct" defense in patent infringement litigation?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the difference between a provisional and a non-provisional patent application?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims the... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I've invented a toilet with an automatic exhaust fan that goes on when you sit on it. Is it patentable?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

First, it is not a good idea to disclose your invention in a public forum like this until you have determined whether your invention is patentable. That being said, there is not sufficient information to determine patentability. It would be necessary to learn more information about your invention,... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How long does a patent last?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

The term of a patent depends on the country that issued the patent, on the type of patent, and on whether "maintenance fees" have been paid. In the US, a "utility" patent lasts 20 years from the date of the first patent application giving rise to the patent. However, the patent... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are patents good in other countries?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

You must file for patent protection in each individual country in which you want protection. Usually companies select which countries to seek patents in based on where the biggest markets for the invention are located. The costs for patent protection varies considerably from one country to the... View More

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