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Questions Answered by Mark David Torche
2 Answers | Asked in Intellectual Property for Florida on
Q: How do I protect myself against people trying to take an expired patent my dad had over 20 years ago .

My father was seeking investors over 20 years ago in California for his windmill patent. A 70-year-old gentleman that dad contacted all those years ago just contacted me and is interested in the patent now that it has expired. He says he kept the paperwork because It was so intriguing. How can I... Read more »

Mark David Torche
Mark David Torche answered on Oct 15, 2018

Unfortunately for you, once a patent has expired anyone is free to make use of it. The purpose of a patent is to bring new things to the marketplace and to add to the general knowledge base of the country. This is why it included in the Constitution. It is possible there are some other... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: If you file a second provisional patent application, can it duplicate same data that was in the first?
Mark David Torche
Mark David Torche answered on Jul 2, 2018

The short answer is yes. As long as there are no other issues such as public disclosure. You can actually file the exact same provisional application after the first one expires as long as you realize that provisional applications cannot claim priority to any other applications so each application... Read more »

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1 Answer | Asked in Intellectual Property on
Q: does divisional applications have same specifications as that of parent one?
Mark David Torche
Mark David Torche answered on Dec 26, 2017

Yes, they have the same specification, but the claims will be different. They are most commonly the claims you gave up in a restriction requirement. The specification may be amended using a preliminary amendment when you file the divisional, but of course you can never add new material.

1 Answer | Asked in Intellectual Property for Idaho on
Q: why can't I get an official patent award for this patent 20050185327

When I try to get a copy of the patent awarded for this patent 20050185327, it does not show a patent awarded?

Mark David Torche
Mark David Torche answered on Aug 30, 2017

This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.

2 Answers | Asked in Intellectual Property for Georgia on
Q: Can I patent a baby booster seat?
Mark David Torche
Mark David Torche answered on Jul 26, 2017

The simple answer is yes, if you have a new or inventive improvement over the baby seats that have come before. Most patents are for improvements rather than completely new fields of inventions. You need to talk with a patent professional to help you decide whether your invention is likely to... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Provisional patents

Do I lose my right for a non-provisional patent if I file a provisional application and look for a business partner and/or an investor, since on this course I need to disclose details of the invention to several candidates? (I am not interested in 'nondisclosure agreement' option)

Dear... Read more »

Mark David Torche
Mark David Torche answered on Jun 23, 2017

No, that is exactly the reason you file a provisional application - so that you can disclose your invention once the application was filed.

However, there are a few things to watch out for.

1. Make sure that your provisional application actually covers your invention. I have seen...
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1 Answer | Asked in Intellectual Property on
Q: I am listed inventor in a patent, my patent changed company. do i get a share of the selling price?
Mark David Torche
Mark David Torche answered on Jun 22, 2017

Without specific agreements to the contrary, joint inventors are free to make agreements regarding the patent without answering to the other inventors. In general, this means that without consent of all inventors, an individual inventor (or owner if the patent is assigned) cannot grant an exclusive... Read more »

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