The approval time varies for multiple reasons. The peak time for approval for a mark already in use is 6-9 months and the peak time for approval for a mark not in use yet but intended to be used is 12-15 months. I have a LinkedIn article explaining a short case study I performed to determine...View More
Generally, almost all patent litigation is in federal court. Some patent litigation is in state court if it is related to a patent issue – which may apply to your situation of a patent/contract because the contract is in question and therefore the case will be decided in state court – but it...View More
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...View 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... View 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...View 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...View 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...View 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...View More
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