answered on May 18, 2023
Patents are subject to many different laws and judicial exceptions. Some of these may make it difficult to get a patent in this area.
35 USC 101 ("Alice") patent eligibility issues: Since the 2014 Supreme Court "Alice" case, the courts have declared many topics to be... Read more »
Only want to create the product in Canada. Worried about future patents / liability.
answered on May 12, 2023
You would need to check to see if the US patent holder also filed for any international patents. For example, the US patent holder might have filed a PCT patent application in 2021 or 2022, and have reserved the right to then file into Canada at a later time.
Even if this particular US... Read more »
The company has been out of business for several years and I want ithe Patent back in my name. I want to make a revision and apply for another Patent with the revision.
answered on Apr 25, 2023
When a company goes out of business, the company assets (like patents) usually end up reverting to the company creditors and company stockholders. So unless this is your company, and you had no creditors or other stockholders, you may be out of luck.
In terms of filing a revision -- unless... Read more »
if the patent has not passed on FER then what shall we do with that patent published , who is having rights?
answered on Apr 9, 2023
I'm going to assume that you are the inventor and that we are talking about US patent applications.
It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office... Read more »
We have an innovation in the field of 3D food printing that comes with multiple new tech features and we would like to find the best strategy to patent everything that is paternable at this project.
Until now, we have not yet find someone to help us with a clear advice about the patent... Read more »
answered on Feb 24, 2023
The international patent process starts simple, but then gets more complex.
Ultimately most countries (with the EU acting as a block) want to process patent applications through their local offices and correspond to local law firms.
By treaty, the initial patent application in... Read more »
Our Indian patent has been granted in USA. But our entity was not disclosed as small scale unit while filing application through our agent in US. Is it possible to change now by ourself in order to pay the renewal fee that is applicable for small scale unit. What are the document required for... Read more »
answered on Feb 13, 2023
The USPTO classifies applicants as large entity, small entity, and micro entity. Assuming you qualify, then even after the patent was granted, it is possible to change your status to small or micro entity and get a substantial discount on the renewal fees.
Small entities are often small... Read more »
answered on Feb 3, 2023
It depends on how ownership of the patent is structured, and the terms of the investment.
For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares... Read more »
answered on Jan 28, 2023
Given that you are talking about your grandfather, I am going to assume that you are talking about a patent that issued more than 20 years ago. Perhaps even in the 1950s or earlier?
Patents don't last forever. These days they last about 20 years from filing. Earlier US patents lasted... Read more »
Worlds Inc. (OTC QB:WDDD) is a leading intellectual property developer related to 3D online virtual worlds. The Company has a portfolio of 9 US patents (6,219,045; 7,181,690; 7,493,558; 7,945,856; 8,082,501; 8,145,998; 8,161,385 8,407,592& 8,640,028) for multi-server technology for 3D applications
answered on Jan 27, 2023
A quick way to check the USPTO assignment database is to check at the URL:
Here you enter in the name of the owner (Worlds, Inc) as the "Assignee name." When you do this, the system lists various companies... Read more »
answered on Jan 24, 2023
One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.
With Hasbro updating the Open Game License, this means that community projects becoming commercial products like Pathfinder and Critical Role have to adapt.
I would like to create an open source alternative to Dungeons and Dragons 5th Edition but I want to know if I am allowed to adapt the... Read more »
answered on Jan 12, 2023
For printed material like this, patents don't apply, but copyrights do. This is most likely under copyright. This means that can't borrow the text or illustrations from the original. However you can try to make up your own game under a different name and different rules.
I work for a research institute and there is an abandoned patent for a lifting conveyer. I'd like to use the concept on the patent as part of my overall project. Would I be able to use it in a research setting at a university? It's not the focus of my research but simplifies an a part of... Read more »
answered on Nov 16, 2022
If the patent was abandoned more than two years ago, then the chances that the owner could revive it are pretty low, and it should be relatively safe to use. If the patent expired due to "old age," then it is also safe to use. The main risk is if the patent was recently abandoned (less... Read more »
I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.
answered on Nov 9, 2022
Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »
A teepee for example
answered on Nov 3, 2022
It depends on the structure. The USPTO will not give you much if any credit for teaching Bamboo. They also won't give you much if any credit for teaching a known structure such as a teepee. However if you come up with a non-obvious and original structure, or some non-obvious way of altering or... Read more »
how to find out if a patent is expired and if I can put a patent pending on something similar?
answered on May 15, 2022
One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).
To get your own patent in the same topic, you will have to... Read more »
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
answered on Apr 19, 2023
You can do a quick and free feasibility test by trying various relevant key words at:
Although this is no substitute for a professional search, you can at least get some feedback as to if further funds and effort are a good idea, or not.
My business partner is a manufacturer in China and he has a Chinese patent 4 yrs ago. Now he wants to apply for a U.S. patent with the same product/part. The problem is that his retailers have already sold the product into the U.S. market. My question is: is it possible to get a U.S. patent if he... Read more »
answered on Mar 2, 2022
Unfortunately, most likely not. Your partner had two options to get a US patent. Either apply directly for a US patent within a year of filing for the Chinese patent, or alternatively file for an international (PCT) patent application, and then apply for a US patent application within 30 months... Read more »
Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... Read more »
answered on Feb 1, 2022
I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... Read more »
answered on Sep 21, 2021
Probably yes, but the USPTO will likely then consider your AFCP 2.0 request to be withdrawn and will instead most likely go with the RCE.
I am looking to create a startup company, but there is a product that is patented and there seems to be no way around it. I am looking into ways to improve what is already out there or even use the product with my own twist in a legal fashion. The product patent is for dissolvable edible pods which... Read more »
answered on Sep 2, 2021
It probably is a good idea to talk to a patent attorney. The claims may not be as comprehensive as you think. Alternatively, the patent prosecution history may show specific gaps in coverage. Other information, such as expiration dates, ownership, and the like, may also be helpful.
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