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My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
answered on Feb 22, 2024
It is possible. You will need to consult with a patent attorney and go through the dates of specific events.
If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public... View More
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?
answered on Dec 28, 2023
Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More
HL Stud inc
answered on Dec 28, 2023
When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at... View More
Two questions:
- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.
- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .
answered on Nov 20, 2023
You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More
The invention was rejected by employer. Later the invention was damaged in a fire at work but the employer reimbursed the employee as their personal belongings and told not to bring personal items to work again.
answered on Sep 24, 2024
Greetings,
Your question seems like a patent question but it actually a state law question. It may hinge on your role at the company and any employment agreements you have. There may be special state laws that override the employment agreement.
So you will need to talk to an... View More
Who wrote the invention Application #20210016589.
I am now thinking an another patent research from Japan. I lost the name of laywer and I need his name and contact again today.
answered on Dec 2, 2023
I have provided a link to the files for this application so you can see all the papers associated with it. https://patentcenter.uspto.gov/applications/16516919 The names of the attorneys will be on the papers for the application when they filed the application.
answered on Oct 12, 2023
The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More
I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has
answered on Aug 21, 2023
Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More
Hello, this is Annie from J & A Essentials. We have received a complaint regarding patent D968944S. Could you kindly provide us with the design in question so that we can compare it to our product and determine if there is any potential infringement? Thank you.
answered on Aug 1, 2023
You can download the PDF from here https://patents.google.com/patent/USD968944S1/en?oq=D968944
You may want to talk to a patent attorney to sort out what is the distinctive set of features protected by this patent and what is not protect as it is utilitarian.
Hi, I'm a researcher at a university, and I want to conduct research on an idea. I need to build a machine for my research, but the method I want to use is patented. Will there be any problem if build machine and use that specific method ?
I will build a 3d printer and o want to use a... View More
answered on Jul 28, 2023
You should consult with the University Tech Transfer Office (name of this office varies from school to school). They may be able to obtain a license to this method.
While the chances of someone getting sued over one infringing device may be small, they are not zero. Universities are not... View More
Soft plastic hellgrammite imitation
answered on Jul 18, 2023
If you have the old lure in the original packaging, it may show the patent number if they had a patent.
https://patents.google.com/patent/US20070234635A1/en?q=(hellgrammite)&oq=hellgrammite is a published patent application for Method and apparatus for integrated weighted nymph form... View More
answered on Jul 17, 2023
There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf
This is the search tool run by the World... View More
answered on Jun 29, 2023
It is not at all unusual to receive an initial rejection from an Examiner. The Examiner often want to push back a bit to help clarify the scope of the claims. But if you have been rejected repeatedly, it may be time for another set of eyes.
To provide a meaningful second opinion, it... View More
answered on May 30, 2023
Kudos to you for paying attention to patent issues.
1) I would work with a patent attorney to first check A) that the patent has not lapsed for failure to pay maintenance fees. (you reaching out could trigger a company to pay that fee belatedly); B) check to ensure that the claims do... View More
The difference in trademark, copyright, or patent and what I need for my project
answered on May 19, 2023
This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
I hope that this helps. Note--just as you may have a dead... View More
I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?
answered on May 8, 2023
If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.
If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that... View 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 18, 2023
You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.
NOTE -- even after a search, your idea may not be patentable as someone may have filed a... View More
The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... View More
answered on Apr 1, 2023
I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... View More
I want to view a patent for what I can't use in a design but there are no figures in the patents, just sentences describing the figures.
answered on Mar 16, 2023
I don't use Justia to look at patents. There may be a way to see the figures but I don' t know it. You can use Google Patents to see figures and download the complete PDF. You can use https://pat2pdf.org/ to download PDF files of patents. There are many other placed to download US... View More
My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.
answered on Mar 7, 2023
For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act
There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over... View More
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