A comprehensive search must include searches on the United States Patent and Trademark Office database, the European Patent Office database, and international patent databases. Please contact me if you wish to have more information.
Does your contract with Microsoft include a clause about intellectual property rights? You should have your employment agreement reviewed by a patent attorney to determine if you have any rights to an invention that you developed during your employment.
Provisional applications expire after 1 year and are not examined. An applicant who filed a provisional application must file a non-provisional application within one year from the provisional filing to be entitled to the priority date of the provisional application.
Patents that are expired are also in the public domain and can be used. But you have to make sure that they are indeed expired and no continuation or divisional patents or pending applications have issued out of the expired patent.
My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »
You can do the paper filing yourself with the United States Patent and Trademark Office. However, do you know how to prepare a patent application with claims that specifically describe your invention? An attorney may help you with the preparation and advise you about the best strategy. While...Read more »
The name of said media is 'Dreams of Fear' and I was just curios about the entire process of registering a trademark. I've looked into it a little bit before, but nothing too serious. Now the project is beginning to develop some serious steam and I want to cover myself before... Read more »
An attorney will need to search the federal registry and optionally some of the states registries to determine if the trademark you wish to use is available. If the trademark is available, then the attorney can file an application with the United States Patent and Trademark Office. You can give...Read more »
A patent attorney will do a patentability search for you to make sure that there is no relevant literature ( patents or other publications) that would prevent you from obtaining a patent. On your system. If no relevant prior art is found, the attorney will prepare and file your patent...Read more »
Out of my garage, I created a device for elderly and vision-impaired assistance, out of commercially available components and open source code that enhances a particular medical companies system... Is it patentable? And after it is patented, I would like to approach the medical company with the... Read more »
Your device sounds like a great invention! You should consider hiring a patent attorney to do a patentability search for similar devices. If there is no interfering prior art your patent attorney can then prepare and file a patent application with the United States Patent and Trademark Office for...Read more »
I have a design for an insulated holder, like a can koozie, except instead of holding a can, it holds electronic vaporizers (Handheld “vapes” used for smoking herbs/herbal concentrates). Popular electronic vaporizers, like the Pax brand, have a common problem where the unit gets extremely hot... Read more »
To best answer your question, we would need to do a patentability search to make sure that your invention is novel and non-obvious over other similar products. If the search shows that there is no impending prior...Read more »
I work at an Information technology company named Intalio. We would like to register the Intalio trademark, and confirm if we can register one of our product names previously owned by another company that we acquired.
The process will involve a search for equal or similar trademarks in the federal registry and optionally in state registries. If the results of the search reveal that there are no analogous or very similar registered trademarks, we can then file an application with the United States Patent and...Read more »
This is just an analogy for the situation, but I was wondering if I did formally trademark my name first would that pose an issue or could I get a DBA to avoid this issue or should I just rename the business altogether? Thanks!
You will need to contact the patentee to see if they are willing to enter into negotiations for selling their patent. If the patent is assigned to a different person or entity, you will need to contact the assignee.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.