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Questions Answered by Steven Fairchild
1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Can I patent a Takeda compound already in use to a new use in humans which is not covered in the patent?

I have been studying a compound from Takeda in culture and in animals. The Takeda compound has unique actions on cells that not described nor predicted in the patent. Can I now make a user patent on the compound??

Steven Fairchild
Steven Fairchild answered on May 23, 2020

Absolutely. They're called "method of treatment" patents.

I'm very familiar with them and help you prepare an application for filing with the USPTO.

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: can i use a patented tool?

I have a brand and I want to put out a product called the universal socket. I just found out there's a patent on this product, but could I still use it? Do I have to pay in order to use the patent?

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Short answer - it depends.

As a patent attorney, I would want to look at what actually is claimed in the patent vis-a-vis your product.

But if it's a case of clear infringement, it might be best to ask the patentee for a license.

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