I no longer work on patent litigation so I am not your solution. But I like to help where I can.

A patent that expired last week might have some value as you can sue folks for infringing the patent for up to six years earlier than the date of the law suit.

So even a patent that... View More

Short answer is that I do not know without looking. Eventually, you may want a patent attorney to help you. I am not sure whether you are looking to obtain a patent or just want to be clear of the patents for others. The searches for these two questions overlap but they are not exactly the same.... View More

You can ask them to sign agreements. The agreement should be written by a law firm that frequently does this sort of work. A agreement that you write based on something that you found on the internet is not really a good answer.

Depending on the country where they manufacturer is located,... View More

If someone has asserted that you have infringed their patent. then there are two principle ways to defend your actions. You can assert that your product or service does not infringe any claim of the patent. You can also assert that the patent claims of the patent are so broad that they read on... View More

I am sorry, all that Justia passed along was three statements. I did not see a question.

1) Good morning, I am researching the patent for Cookie Break Cookies by Nabisco.

2) They changed the receipe.

3) I found that P&G sued them over the patent for Soft Baked... View More

I hope that you have not had any sales of your product.

As of March 2013, the rules were changed so that any sale (public or under an NDA) including sales from your suppliers to you count as a bar to seeking a patent. This was a surprise to many including the United States Patent and... View More

Short answer is that a provisional application is never published. The provisional application may become available to download through a system called USPTO Public PAIR as a priority document for a non-provisional application that is published or issued.

So the provisional starts out held... View More

You can do some preliminary patent searching using tips from this slide set -- http://bit.ly/Patent_Searching or to hire a patent attorney to conduct Freedom-to-Operate searches and clearance work see -- https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions.

To the... View More

The assignment database lists an assignment from you to TI. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=20180348152&type=publNum

You should consult with a local patent attorney to sort out the nuances of what you assigned versus what is in this... View More

If the flag is special because of how it looks rather than how it works or how it is made, then it sounds like on the patent front you would be considering a design patent. A design patent protects the ornamental appearance from being knocked off. Think Oakley sunglasses. People can still sell... View More

You have several options. You can buy the patent outright if they are willing to sell. Then you would have them sign an assignment document to transfer ownership to you just as you do when you move the title of a car or a house from one person to another. You would record that assignment here... View More

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... View More

The patent system is a trade for a limited period of exclusivity in return for providing an explanation on how to make and use an invention so that people of skill in the art can use the invention after the period of exclusivity is over.

Your invention needs to be new and more than an... View More

That is not how patents work. They do not have a patent on "the Iphone" . They have patents on very specific features that can be used on a mobile phone. They likely have lots of other patents. Unless you have all the required nouns and verbs in an independent claim of a patent that... View More

You will have to face an additional hurdle as the US Supreme Court has really closed the door on patenting merely porting a specific way of conducting business to operate on a general purpose computer. That may be a bullet you can dodge. But you should do some searching. These slides will teach... View More

OK -- you have a provisional application that will expire April 11, 2019.

It is expensive to pursue a non-provisional application from filing to issue. If you wrote the provisional application yourself, the patent attorney may have to start from near scratch to draft a real patent... View More

Step 1 -- make sure that you are looking at an issued patent not a published application (Justia did not pass along whatever you are looking at).

Step 2 -- make sure that the patent has not expired, lapsed, or been invalidated.

Step 3-- be sure that you need the patent. Do you plan... View More

You may have heard that if you build a better mousetrap, the world will beat a path to your door. This highlights that there can be several solutions to a particular problem and each can obtain their own patent. This may be the situation that you are in.

If you get a patent for your... View More

A United States Patent Applies to the United States.

A United States Patent applies to actions in the United States. So making a product in China and importing to the US would be covered. Also making a product in the US and exporting to Canada would be covered.

However, a... View More

I am going to assume that your fact pattern is that you invented a new nanomaterial and communicated details about this new material to a person in the US. That person has subsequently filed a patent application which you have seen as it has published.

Step 1 -- take care to preserve all... View More