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Questions Answered by Bruce E Burdick
1 Answer | Asked in Intellectual Property for Indiana on
Q: Do I have to have a working prototype to file for a patent on my idea?
Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

No. You have to be able to describe the claimed invention in such a clear and specific manner as to enable a person having ordinary skill in the relevant art to make the invention. This is so that the public has possession of the invention when the patent expires. You also have to describe the... Read more »

2 Answers | Asked in Intellectual Property for Alaska on
Q: Canadian Company sold a machine in US without filing any patent Is their work in public Domain any one can copy?

No international patents have been filed & 12 months US Grace period has passed.

No confidential agreement has been signed between the selling and buying parties.

With my understanding with international patents you must file before you sell and no Grace Period.

Is that... Read more »

Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

Probably, however patent applications are not published for 18 months after filing, so do not rely on someone else's word on no filing having been made. I am reading between the lines to think there is a Canadian patent application or patent on this machine, but none elsewhere and you are... Read more »

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2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: I am a divorced dad of 2 boys i only get them everyother weekend do i need a bed room for them
Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

There is not a set answer. Normally NO, unless the Judge has ordered you to have a bedroom for them. It is a question that depends on related facts, such as: age of the boys, what they are used to at their mother's place, what you are providing in lieu of a bedroom, how much privacy and... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: What is a prisoner petetion?
Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

A petition is a request for court action, so a prisoner petition is a request by a prisoner to a judge requesting the judge to take some action. If it is request in a pending case, it is usually called a motion rather than a petition.

2 Answers | Asked in Intellectual Property for Indiana on
Q: One of my employees designed a great logo for my business. Am I safe to use it without paying them extra for it?
Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

NO, you are not safe. You need an agreement with the employee that assigns you the copyright to be safe. There are exceptions, such as where that was a normal part of the employee's job or where the "great logo" is a simple trademark or service mark rather than an artistic design.... Read more »

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2 Answers | Asked in Intellectual Property for California on
Q: Is it a violation of appropriation of name if i publish a book using a pen name the same as a celebrities true name?

I would think it is, but then again no matter what your pen name is someone with the same name exists, and pen names are very commonly used. My follow up question would be a misspelling of the celebrities name; for example his name is John Doe, could the famous actor John take civil actions... Read more »

Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

I think you can do it if you do it in the right way and have an intellectual property lawyer guiding you in the proper disclaimers and distinctions to avoid likelihood of confusion of source. It depends on the uniqueness of the celebrities true name, and whether by "true name" you mean... Read more »

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2 Answers | Asked in Intellectual Property for Minnesota on
Q: A book I wrote was pirated and published in Russia, selling 15,000 copies. Is there anything I can do?
Bruce E Burdick
Bruce E Burdick answered on Dec 24, 2010

The prior answer refers to a Copyright Office brochure. The links at www.copyright.gov have changed. The circular on International Copyright is now at http://www.copyright.gov/fls/fl100.pdf.

The prior answer also says there is something you can do. The actual fact is that relative to...
Read more »

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2 Answers | Asked in Intellectual Property for Indiana on
Q: How can I protect a new recipe I have come up with for barbeque sauce? It is really good.
Bruce E Burdick
Bruce E Burdick answered on Dec 24, 2010

I would agree with the prior answer. A trademark is what you need to use. The product will sell by name once it gets established. People don't really check in detail for what's in A-1, Maul's or Masterpiece, Sweet Baby Ray's or Bob's Country Sauce. They order it by... Read more »

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2 Answers | Asked in Intellectual Property for Illinois on
Q: I invented and had a prototype working for 2 years i called a company and they stole my invention

Do i have any rights to my invention

Bruce E Burdick
Bruce E Burdick answered on Dec 23, 2010

I presume your question is what are your legal options. The general rule is that once the invention is public more than a year you cannot patent it. There is an exception for experimental use, but when you say "I had a prototype working for 2 years", it sounds like the experimentation... Read more »

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