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Questions Answered by David Aldrich
1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take
David Aldrich
David Aldrich
answered on May 26, 2023

Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: How can i try to patent something for VW?

I have made a custom taillights for Passat b5.5 and i'd like to patent them

David Aldrich
David Aldrich
answered on May 18, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... Read more »

2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

David Aldrich
David Aldrich
answered on May 15, 2023

No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... Read more »

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: We are looking for help on applying for a patent. We have developed a new alarm system, software, and app.
David Aldrich
David Aldrich
answered on Apr 26, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired. Keep in mind that, if you... Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: how much does it cost to patent an invention ?
David Aldrich
David Aldrich
answered on Apr 10, 2023

It is extremely difficult to provide a dollar figure in the abstract. There is the initial cost of preparing and filing an application, which involves drafting time, illustrator expenses, and government filing fees. The cost will depend on the field and complexity of the invention, and a patent... Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If I'm applying for a patent for an improvement to wagering in online sports gambling

What constitutes significant and novel change?

How do I apply for these things without thinking a lawyer will steal my idea? Haha!

David Aldrich
David Aldrich
answered on Apr 10, 2023

Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such... Read more »

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... Read more »

David Aldrich
David Aldrich
answered on Apr 10, 2023

You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... Read more »

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

David Aldrich
David Aldrich
answered on Feb 25, 2023

There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

David Aldrich
David Aldrich
answered on Feb 24, 2023

If their trademark is registered, you can go to the USPTO’s search page here:

https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1

After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down...
Read more »

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3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?

David Aldrich
David Aldrich
answered on Feb 22, 2023

This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... Read more »

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3 Answers | Asked in Intellectual Property for California on
Q: Is an email response sufficient for waiving intellectual property rights over an idea presented in a company hackathon?

This is response from company VP : "Having consulted with legal, I am pleased to report that Company hereby waives to you any intellectual property rights it might otherwise have had in the idea (as developed by you during the 2022 Hackathon)"

David Aldrich
David Aldrich
answered on Feb 22, 2023

This question is really to broad to answer, and depends on a lot of details. But, if you are asking about a patentable innovation, and someone else contributed to this innovation during the hackathon, then that means you likely have at least on co-inventor. In that case, no, the email would... Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: I know the name of the company and who the patent was licensed to.Is it possible to vet a patent through this info.
David Aldrich
David Aldrich
answered on Feb 22, 2023

If you know the name of the company that you think owns the patent, you will usually be able to find a copy of it. The U.S. Patent and Trademark Office has a search tool for patents here:

https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html

This tool allows you to easily...
Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

David Aldrich
David Aldrich
answered on Feb 14, 2023

To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
David Aldrich
David Aldrich
answered on Feb 14, 2023

This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I get a trademark on an item if it expires with the previous owner

If they forget to keep up on their retrademark can I slide in and own the design?

David Aldrich
David Aldrich
answered on Feb 14, 2023

If the owner of a federal trademark registration fails to submit the required paperwork/fees by a relevant deadline (including the sixth month grace period), it will go abandoned and will be considered a “dead” registration. If the registration is dead, you can file an application and obtain a... Read more »

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1 Answer | Asked in Trademark for Indiana on
Q: Does a trademark cover every iteration of the symbol/character?.

My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?

David Aldrich
David Aldrich
answered on Feb 8, 2023

Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Can my patent be. Assigned before it is issued.Type: GrantFiled: August 6, 2019Date of Patent: December 1, 2020

I understand that the wording for this must say "If the pattent is approved"

David Aldrich
David Aldrich
answered on May 21, 2023

The details provided are a little unclear, but if you are asking whether a patent can be assigned before it is granted, the answer is yes. It is very common to assign a pending patent application before it is actually granted.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi my brother was the inventor of some equipment used to facilitate the wafer manufacturing of microcips is the fam.

Is the family.entitled to his royaltys

David Aldrich
David Aldrich
answered on Apr 24, 2023

A lot more information is required to answer this question, including the status of any patents, whether your brother was an employee and the nature of that engagement, and whether there was a will. You should consult a patent attorney about the details of your case.

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New Jersey on
Q: can I use Apollo for my brand
David Aldrich
David Aldrich
answered on Apr 10, 2023

This will depend, in part, on how close your goods/services are to the goods/services of other companies using this term. You really should details of your case with a trademark attorney.

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