Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Darrin A. Auito
2 Answers | Asked in Patents (Intellectual Property) on
Q: What are the steps required to obtain a Freedom To Operate opinion on a patentable idea?

I'm interested in a US FTO opinion only.

Darrin A. Auito
Darrin A. Auito answered on Nov 7, 2018

Contact a U.S. patent attorney with relevant technical and legal experience.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Am I infringing on a patent?

I sell puck holders and someone has alerted me they have a patent. Their design is different from the one I sell. Plus, I don't physically make the holders, I purchase them from a different company and add paint/glitter to it.

The patent holder sent a DMCA takedown notice to my web host,... Read more »

Darrin A. Auito
Darrin A. Auito answered on Sep 19, 2018

I recommend contacting a patent attorney with litigation experience.

FYI - Sect. 271. Infringement of patent … "whoever without authority makes, uses OR SELLS any patented invention, within the United States during the term of the patent therefor, infringes the patent."

View More Answers

1 Answer | Asked in Intellectual Property for Virginia on
Q: How do I file a patent for a potential consumer product and protect my intellectual property?
Darrin A. Auito
Darrin A. Auito answered on Sep 13, 2018

Contact an experienced patent attorney that is familiar with your technology.

2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Recourse for original inventor excluded from patent application. I contest right of ownership.

My colleague and I were responsible for 100% of the technical data and research for patent application and were inexplicably excluded by other colleague when he refiled secretly. We never assigned our rights and wish to contest right of ownership.

Can you advise me who we should contact at... Read more »

Darrin A. Auito
Darrin A. Auito answered on Sep 8, 2018

I recommend contacting a patent attorney. Good luck!

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: How long does it normally take for the patent office to review a patent?
Darrin A. Auito
Darrin A. Auito answered on Aug 3, 2018

The USPTO publishes a lot of really great statistical data. Check out this site: https://www.uspto.gov/dashboards/patents/main.dashxml.

The answer to your question depends on the art unit of the application that awaits review.

Click on "Pendency Data," then "First Office Action...
Read more »

View More Answers

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.