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Questions Answered by Mr. Ilya Libenzon
1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: 10 years ago I sold the patent rights to a U.S. corp. Can I now re-assert my ownership rights to the patent overseas?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

you need to examine your assignment agreement -- most likely, you assigned all the rights so you cannot re-assert your ownership rights unless you execute another assignment transferring the rights back to you

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: How can I contact the assignee or inventor of a patent?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

First you need to check if the patent has been assigned or not.

If the patent has not been assigned, then you can contact the inventors listed on that patent.

If the patent has been assigned, you should contact the assignee only because inventor(s) don't have legal rights in this...
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1 Answer | Asked in Intellectual Property for Massachusetts on
Q: I own the registered trademark #78284503 Fairway Franks. Someone is selling a domain with that name. Legal or not?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

it would be illegal if the owner of that domain uses it in connection with products/services similar to those in connection with which you registered your trademark; selling a domain with that name is not illegal per se

1 Answer | Asked in Intellectual Property for Massachusetts on
Q: Is it copyright infringement to publish a website that does almost the same thing as a current site?

I started working on a website 3 weeks ago. Today I found an article online about one that has the same functionality and came out about a month ago. Am i within my rights to publish the website still?

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

it is not a copyright infringement as long as you use your own original language/text to describe the functionality; it may, however, constitute a patent infringement if the functionality is patented by the owner of that website

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Looking to create a patent and not sure how to find out if one is already in place for the idea I have
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

You should contact a patent practitioner who can help you conduct a patentability search, and most importantly, interpret search results.

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: How do i get a patent

I have an idea and want to get a patent

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

You should contact a patent attorney who can help you with the following procedure.

The first step would be conducting a patentability search to see what it out there disclosed in the prior art for ascertaining the chances of getting a patent. Next step is to draft a patent application...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Does an active patent registered in the USA (Patent number available) applicable to Great Britain?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

no, patents are regional in their effect, which means that if you have a U.S. patent, you can stop others from making, using, offering for sale, selling your invention only in the U.S. To be able to do the same in the Great Britain, you would need to have a GB patent, or EU patent.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I'm looking at a Patent Application ( #20120291885). How do I know if it has been issued, or if it's pending?Thanks!
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

you can check the status at the public pair using an application number and then for more details, you can go to the Image File Wrapper (IFW) by clicking on the IFW tab

http://portal.uspto.gov/pair/PublicPair

1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: What can I do once I have realized that I have written about my 'invention' on my blog - describing it.

I am a doctor and have developed a novel method for treating a specific disease condition and before I decided to patent it I had written blog posts about it on my website.

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

You need to contact a patent attorney to determine if you can move forward with patenting your invention. That would depend on the scope of your blog post disclosure as compared with your invention. I would be glad to help you with your patent needs.

1 Answer | Asked in Intellectual Property for Massachusetts on
Q: I want to get a trademark in the USA. What is involved?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

It would involve conducting a trademark clearance search to make sure your trademark is available for registration. Then you would need to prepare and file a trademark application at the United States Patent and Trademark Office. I would recommend contacting an intellectual property attorney who... Read more »

1 Answer | Asked in Intellectual Property for Massachusetts on
Q: Are there copyright laws around making video tutorials about how to use Microsoft office? I can't find any info on it
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

When you create a video tutorial, you will get a copyright protection immediately upon creation of the work; you can register it with a copyright office.

One thing that you should be careful about is using the Microsoft or Microsoft office trademarks when advertising your services or...
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1 Answer | Asked in Intellectual Property for Massachusetts on
Q: How can i copyright my stage name?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

You can federally register a trademark for your stage name in connection with services and/or products that you provide/offer. You can contact me for a free consultation with regard to trademarking your stage name.

1 Answer | Asked in Intellectual Property for Minnesota on
Q: We want aprons for our cooking group for us to wear, and we have the same name as a remodeling company.Is this an issue?

We have a speperate logo

We are not selling them

We are just a group of ladies cooking together, wanting aprons

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

If you want to use your own logo on aprons that are used by a remodeling company that has the same name as your cooking group, then you will be fine as long as you cook some delicious food - just don't use their logo/trademark on your aprons to be on a safe side.

1 Answer | Asked in Intellectual Property for Illinois on
Q: Do I need publisher permission to record readings of purchased books on CD or MP3 for elementary school classrooms?

I'm writing a grant proposal to help parents and teachers support students in Kindergarten - 2nd grade that are struggling in reading in urban schools. I am trying to develop a home audio program (for educational purposes, not for profit) for these students since their parents may not be able to... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

Most likely you will need to get the publisher's permission (unless the books are old enough to be in a public domain, i.e. not protected by copyright law). Fair use exception applies to a chapter from a book, or a small portion of a movie,etc. but would not protect you from copying an entire book,... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: Is a cease and desist letter required by plaintiff in patent infringement matter?
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

In short, it is not required to initiate a lawsuit, but whether you write one or not and how you write it could affect several things (depending on whether you properly marked your products, etc) such as the amount of damages and the possibility that defendant would file for a declaratory judgement... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: I'm a ebay seller, I am selling "Hair straighteners" that are not "copies". The company contacted me through email.

They said "I was not an authorized seller and my listings infringe on their intellectual property rights. Do they have a leg to stand on? or does the "First Sale Doctrine" protect me? I obtained the products legally and did not steal them.

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

I would recommend checking if you entered in some type of licensing agreement upon purchasing these products (for example, if the products you purchased came with some material on CD that contains some licensing terms prohibiting re-sale, etc),otherwise, as long as you obtained the products legally... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: I am creating a website that uses current online technology but, has not been used in my industry, can I patent the use

Can I patent, copywrite the way this technology is used within my website so as to deter others from copying their use in this specific industry that currently doesn't use it?

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Sep 13, 2011

I don't think that you can copyright the way this technology is used because copyright law does not protect ideas, however, you can copyright the content of your web site, the way your web site looks, and even to some extent some design aspects of your web site (i.e. arrangement of parts, etc). As... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: If a company has filed to have a patent reexamined, how soon is that publicly made available, and where can I find it?

On the USPTO's site specifically. Is there a recently filed page?

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Aug 18, 2011

The proceedings of all reexaminations are made available to the public on the USPTO’s public PAIR (Patent Application Information Retrieval) web site.

1 Answer | Asked in Intellectual Property for Maryland on
Q: Who lawyer I need to talk with when you invent something it may work?.

I just have something made up or invent myself and I want to be sure that no body have made it yet, and I would like to know who I need to talk with to help me about it, is something simple but may work.thank you

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Aug 18, 2011

I would recommend consulting a patent attorney who will give you advice as to whether your invention is worth patenting.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Management Co. is refusing to return my lease deposit. Will I need a lawyer because I can't afford one?

The reason Management Co. is refusing to return our deposit is because they claim we did not pay the last month rent of our lease agreement which is totally a perposterous thing to say. We have that canceled check proving they took our rent for that month. We've gone in the leasing office several... Read more »

Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Aug 3, 2011

In many jurisdictions, if the landlord does not return the security deposit within 30 days from the date the tenant moves out of the premises, the tenant may sue to recover double the amount due, plus court costs. In many jurisdictions, if the amount sought is $3,000.00 or less, the tenant may sue... Read more »

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