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Questions Answered by John Brian Hudak
1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: So is this patent restricting anyone else from making any type belt temp sensor kit using infrared and digital display

I was looking to use a different ir thermal sensor with it's own circuit board controller and LCD display with my own computer coding for operation. I am referring to razorback technology patents

John Brian Hudak
John Brian Hudak answered on Jul 14, 2020

Generally, to determine if a patent can limit the activities of others there would need to be a determination of the following: (a) if the patent in question is still active; (b) an interpretation of the claims of the patent -- analyzing what is actually covered -- and if the potential actions will... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Please inform me if boost technology in outsoles is patented by Adidas?
John Brian Hudak
John Brian Hudak answered on Jul 13, 2020

You’d need a search done, which is something which takes time and expertise. That might be a too intensive of a process to answer here. In general, major companies do their best to protect their functional technology and designs the best way possible. Therefore, a careful search is likely... Read more »

1 Answer | Asked in Intellectual Property on
Q: Can I publish information about a patent, that has an application number assigned to it but still under processing

I have a patent application under processing in the USPOT with assigned number 15/015,449, which you can find information about it in this platform JUSTICA. I want to publish a conference or journal paper that may have some descriptions and layout of my invention, is that going to be harmful or... Read more »

John Brian Hudak
John Brian Hudak answered on Jul 12, 2020

If you have used a previous attorney – usually he/she is the best person to contact related to the application. If that is not an option, review the application on Public Pair, by searching under your application number. Public Pair will give more documents about the status of the application.... Read more »

2 Answers | Asked in Trademark on
Q: Good morning. Is it possible to use a trademark that is already registered? some trademarks have multiple ? thank you

I would like to know how a trademark can be held by many different owners. and if it is possible to add one more with the same name?

thank you

John Brian Hudak
John Brian Hudak answered on Jul 11, 2020

Depending on the specific facts, the same or similar mark can be federally registered if there will not be likelihood of confusion as to the source of goods/services. The same or similar mark will be for dissimilar goods/services.

This answer includes generalizations and there are many...
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3 Answers | Asked in Trademark for Connecticut on
Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

John Brian Hudak
John Brian Hudak answered on Jul 11, 2020

There is a chance to obtain a federal trademark registration on a mark that is already similar to another. Determining that chance relates to: the similarity of the goods/services that are indicated by the mark; elements related to the strength of the mark (status as descriptive or generic); and... Read more »

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2 Answers | Asked in Intellectual Property for New Mexico on
Q: How do I assign my patent in aerospace to Airbus. This patent has the potential of revolutionizing air travel.
John Brian Hudak
John Brian Hudak answered on Jul 11, 2020

There is not a clear cut answer to this question. Call around to some different intellectual property lawyers to ask for a consult. Or, attempt to contact the other party directly or use a patent broker or patent auction service.

This answer includes generalizations and there are many...
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3 Answers | Asked in Trademark on
Q: I want to use word ladyboss but add other design register for trademark I was searching but it is taken is bad choose ?
John Brian Hudak
John Brian Hudak answered on Jul 10, 2020

When choosing a name – there are issues of similarity of the mark to another’s mark and also the similarity of the goods/services used in association with the mark.

Also similarity of the mark does not need to be exactly the same – so if a word means the same thing as another or...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is Patent 8645011 still in force or has it lapsed due to non payment

The patent was designed by me, and owned by xxxx. I apparently sold xxx and yyyy when I had a stroke in September 2014. I have not been paid one dollar by the Law firm.

John Brian Hudak
John Brian Hudak answered on Jul 10, 2020

If you feel you were not paid for a transaction – such as a breach of contract – consider asking the other party for information of the reason for nonpayment – or as mentioned the law firm. Also consider that there are statute of limitations for bringing an action for breach of contract –... Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: patent litigation

I am an exclusive inventor and owner of an US patent about a machine and recently discovered a us company product and sale -withou having anm own patent- a machine completely same of my patent

I am searching a law firm on a base "no win no fee" success rate

John Brian Hudak
John Brian Hudak answered on Jul 7, 2020

The funding of litigation is always tricky – and an underlying problem around patents and protecting your patent rights. You can call around to different patent offices and see what information you can obtain. Others will charge for a consult.

As far as fees, I’ve seen of some...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is the patent still valid and can someone build this system outside USA?
John Brian Hudak
John Brian Hudak answered on Jul 8, 2020

The question of whether a patent is valid can be a little more involved than expected -- depending. Generally, a utility patent is active for 20 years after the patent was filed. There are exceptions, which include: term adjustments or extensions; terminal disclaimers; an effective filing date... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, I would like to enquire if using a specific type of solid fuel in a piston engine is uniquely patentable?

A solid fuel piston engine, with a specific fuel type with a specific waste types.

John Brian Hudak
John Brian Hudak answered on Jul 7, 2020

Keeping your idea confidential is crucial – because certain disclosures may exclude you from obtaining a patent. Also, a patentability search can be performed. Finally, with a thorough work up, it can be determined if part of your invention is patentable – even if another part is already... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: how do i put a lien on a patent
John Brian Hudak
John Brian Hudak answered on Jul 6, 2020

Generally, liens are determined by state and local law – they can include filings with the state for a UCC filing based on a particular transaction or a particular form of security. If this is a contract dispute, consider using a local attorney to assess the case and determine if there is a way... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Where do I present my provisional patent for school bus

It's a safety system for school buses

John Brian Hudak
John Brian Hudak answered on Jul 6, 2020

When preparing a patent application, an important part is providing an accurate description. Consider working through your invention – fully thinking about all the parts and where another could invent around what you are doing. Your patent attorney will do the same thing, and develop a strategy... Read more »

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2 Answers | Asked in Trademark on
Q: If a person is proprietor of a Trademark "7" used for chocolates.

And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?

John Brian Hudak
John Brian Hudak answered on Jul 6, 2020

Generally, the interchangeable meanings are equivalent (cause confusion) when related to trademarks. For instance, a word in another language would conflict with the English translation for that word. This also goes so sounds of letters – an “ee” at the end of a word might conflict with a... Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is ultra pro patent right for the USA or all of North America? Whats the law about change the design of a top loader?
John Brian Hudak
John Brian Hudak answered on Jul 4, 2020

Any new and useful improvement can be patented – considering other issues such as the improvement is not obvious. When looking at patents, determine if the patent is active – this will change the analysis of how to go forward.

This answer includes generalizations and there are many...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: If a person copyrights the summary and title of a patent, can anybody use the content of the summary to make decisions

Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.

John Brian Hudak
John Brian Hudak answered on Jul 3, 2020

Generally, patents are published after issued and many times before that unless there is a request not to publish. Anyone can learn what is in the patent. Only the patent owner has the right to make, use, offer to sell, or sell the invention. If someone else does that, it’s infringement.... Read more »

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1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: I have an idea for wheelchair, during application for patent do I have to submit complete wheelchair ?

Or only the proposal is enough?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

In a patent application, the invention must be disclosed. In the patent application the invention will be described – and whatever is required to understand the invention. Therefore, if the aspect of "the complete wheelchair" is necessary to understand the invention, then yes the... Read more »

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3 Answers | Asked in Trademark on
Q: Is the business name "BioFone" trademarked so I am unable to use it? Thanks

I'm looking at starting a business called BioFone and a couple of Google searched landed me on this page, I saw it may have been trademarked but it didn't seem as though it went through.

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Trademarks can be considered similar to another based on looking alike or sounding alike – plus other issues. As above, consult with a trademark attorney so your full rights are protected.

This answer includes generalizations and there are many caveats. This answer does not form an...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hello! I was wondering if you could help me find out if a US approved patent is patented in Europe?

The patent number is: USD732309S1.

I was wondering, if the same design was used by another company in Europe - if the company who patented the design in the US is able to sue?

John Brian Hudak
John Brian Hudak answered on Jun 30, 2020

If you are searching for international patents start with Escapenet or Google Patents.

Patent rights are territorial. So, if a US patent covers rights to that invention in the US, not in Europe. A European patent would be needed, to assert patent rights in Europe.

This answer...
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