Consider a consultation with a patent attorney to determine your rights.
Generally, if the invention is made related to employment, then the employer owns the invention. Although, the specific facts related to the invention will determine who owns the invention. That is why a consultation...Read more »
We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »
A full analysis should be made to determine if the proposed product infringes on the found patents. If non-infringing, it may also be prudent to do a full search to determine if the product infringes on a patent not yet discovered.
As a general disclaimer, this answer includes...Read more »
Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights. Generally, trademark rights are obtained by use (common law rights) -- and then there can be a federal registration to gain additional rights. Or, a...Read more »
There will be multiple issues to project you are planning – consider an entertainment attorney, business attorney, or another attorney that does funding work or other contractual work. As a suggestion, use the Find a Lawyer function in Justia to find a lawyer. Make some calls. And try to find...Read more »
In general, if prior would invalidate the claim for reasons of novelty or obviousness then the claim will be invalid – if that comes to light during examination, another action before the patent office, or during litigation.
Many patent claims seem trivial, but the way most patent claim...Read more »
I have a technology for which the patent is expired. A later patent filed by another group used added something new to the old technology. Is the technology covered in the old patent (without the additional changes) is still public domain? E.g. I patent chair. The patent on the chair expires.... Read more »
Generally, for infringement to occur the product being analyzed will infringe a patent if the product being analyzed contains all the features defined in a claim of an active patent. This is called literal infringement. (Example: if the analyzed product has features A, B, and C (with or without...Read more »
Investigate promptly because you may be able to fix the situation – depending on the timing. Contact your attorney involved with the trademark – or look for a missed communication you should have received if you are filing yourself. Or, reach out to another trademark attorney to help....Read more »
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