Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts... View 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... View 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.... View More

A non-infringement analysis will relate to determining if the new product contains all the features defined in a claim of an active patent, which is literal infringement. Or, there can infringement if the features in the new product are equivalent to claimed elements of the claim of an active... View More

At least one part of the process of new product development will include a search for other active patents, which the new product may infringe upon.

Patent pending means a patent application was filed for some aspect of the product.

This answer includes generalizations and there... View More

Use the Find a Lawyer function on Justia and go from there. Call the lawyers and determine if the work can be completed and ask for a quote.

For some issues you have a wide variety of lawyers to choose from. For federal trademark applications and patent applications, those applications... View More

The fees are variable – some attorneys offer a fixed fee (a quoted price for a particular patent) – others charge hourly but are good at predicting how long the application will take them so the fee is similar to a fixed fee.

Call around. You also have the option of using any... View More

Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.

This... View More

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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 –... View More

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... View More

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... View More

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... View More

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... View More