There are all sorts of products that are similar or improve on an already existing idea. My idea is in that atmosphere, but the marketing concept for my would-be product is vastly different than the product that already exists. I've been brainstorming ways to create a different design that... Read more »
You should be working with a patent lawyer during the R&D process. In general, a patent lawyer can help you understand the scope of the patent, identify other patents in your technical area that might be of concern, and help you either design around any enforceable patents or seek a license...Read more »
Maybe. Patents are issued for inventions that are new, useful, and would not have been obvious. You may be able to secure a utility patent, a design patent, or both. A patent attorney can help you evaluate the likelihood of receiving meaningful patent protection during a private consultation. You...Read more »
I am a content creator on Instagram and recently, my own artwork was flagged as infringing the copyright of a third party. Instagram shared the details of the third party that flagged my own artwork for copyright; and it linked back to two domains. mailvat.com and mailvs.net. I did some research... Read more »
Instagram should have provided you with instructions for submitting a counter-notification. Instagram should restore your content if the third-party doesn't reply, which it sounds like they won't since they used disposable domains.
It depends on the agreement with the invention company and whether the inventor assigned his or her rights to the invention company. Inventions in the United States are patented under the name of the inventor. But inventorship and ownership are different questions. If the inventor transferred...Read more »
You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product...Read more »
It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal...Read more »
Like all abstract ideas, mathematical formulas are not eligible for patenting in the United States. If you invented a product that uses the mathematical formula, it might be eligible for patenting so long as you can meet additional legal thresholds. My recommendation is to consult with a patent...Read more »
It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the...Read more »
Google Patents shows that the patent you indicated has not expired. The expiration date shown in Google Patents may or may not be accurate. Confirming the expiration date will require some investigation. You should consult with a patent lawyer to be sure.
How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?
Here is an article about setting a patent budget: https://patentxp.com/patent-budget-2/
Most patent applicants will pay somewhere between $15k-$40k per utility patent application. That amount will be paid over the 2-4 years the application is pending with periodic government fees due after...Read more »
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.