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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

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answered on Dec 28, 2023

This is covered by Federal law 35 USC 287.

The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others

I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?

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answered on Sep 25, 2023

A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).

If you did something unusual...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: was this device patented publication number 20170325789

tissue contiener for pap smear surePath

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answered on Aug 13, 2023

The status of a printed patent application like this can be checked online. This can be done either at the US patent office, https://patentcenter.uspto.gov/, or using alternate sources such as patents.google.com.

In this case, the answer is that the patent application was abandoned.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I be protected when my product has all elements in another claim, but my product has sev non-obvi improvements?

I have a product that cant not include the claims of another patent... but my product has a more broader use case, plus, it has several non-obvious improvements that give it WAY more functionality. How might I go about being protected if I want to pursue this product. Can I patent? do I get a... View More

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answered on Jul 9, 2023

Speaking generally:

It is possible to patent an improvement on an existing patent, so long as the improvement is considered novel and not obvious. Usually the applicant for the improvement will cite the original, and then explain the improvements. This allows the patent office to judge the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hello, how can I get in touch with a patent holder tobsign a licence agreement?Thankfully Martin
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answered on Jun 2, 2023

Inventors often assign their patents to a company, which then becomes the patent holder. The USPTO keeps a record of these assignments, which you can access at: https://assignment.uspto.gov/patent/index.html#/patent/search

The patent holders are usually represented by a law firm or...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Efficacy of a vocabulary building device appearing as a crossword - validating its feasibility for patent
Stephen E. Zweig
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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...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Patent law - if a patent was filed in 2021 in the US only, can I, a Canadian, create a similar product in Canada only?

Only want to create the product in Canada. Worried about future patents / liability.

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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...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Mississippi on
Q: How do I get an Assignee off my patent if they are out of business?

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.

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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...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

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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...
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2 Answers | Asked in International Law and Patents (Intellectual Property) on
Q: Dear Ms./Mr.,In order to have an international patent, what is the procedure, aprox. time and costs?Thank you!

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... View More

Stephen E. Zweig
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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...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Dear sir, How to disclose the entity as Small Scale unit in granted patent for paying renewal fees

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... View More

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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...
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1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
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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...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
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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...
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3 Answers | Asked in Patents (Intellectual Property) on
Q: I need to verify if it is real that WORLDS, INC owns the patents it says:

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

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answered on Jan 27, 2023

A quick way to check the USPTO assignment database is to check at the URL:

https://assignment.uspto.gov/patent/index.html#/patent/search .

Here you enter in the name of the owner (Worlds, Inc) as the "Assignee name." When you do this, the system lists various companies...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
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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.

1 Answer | Asked in Copyright and Intellectual Property on
Q: Is the ruleset for Dungeons and Dragons 5th edition patented?

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... View More

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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.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Abandoned patent used in research

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... View More

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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... View More

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

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.

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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... View More

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can you file a patent of a structure built from Bamboo?

A teepee for example

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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... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: After many years confirmed by today I get the patent for my golf tee in Malaysia Best way to aply in the USA?

Design patent I hold already 7 years

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answered on Sep 6, 2023

Unfortunately, the time to apply for a US version of your Malaysia design patent has passed. Generally, you need to apply for a US design patent no later than six months after initially applying for a foreign design patent.

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